SC may consider pleas challenging validity of law to appoint CEC, ECs

The Supreme Court on Wednesday indicated that it may take up the pleas challenging constitutionality of the Chief Election Commissioner and Election Commissioners Act, 2023, through which the Chief Justice of India was removed from the selection panel appointing election commissioners, on February 4.

The batch of petitions were mentioned by advocate Prashant Bhushan before a bench headed by justice Surya Kant. The lawyer, representing the Association for Democratic Reforms, contended that a great urgency is involved since the CEC is retiring in February.



Bhushan submitted that the matter has been listed in February and urged the SC to take up the matter on urgent basis. He further argued that by removing the CJI from the selection panel, the executive has acquired control over the appointment of ECs, which is a threat to electoral democracy.

In response, justice Kant verbally remarked that SC understands the importance of the matter, but important matters also require a good amount of time for hearing. Bhushan replied that the hearing won't take long since the question is covered by the March 2023 Constitution Bench ruling.


Senior advocate Gopal Sankaranarayanan, also appearing for a co-petitioner, argued that the government had not removed the basis of the 2023 judgement but simply brought in the new law. Justice Kant asked the counsels to remind the court on February 3 so that the matter can be considered on February 4.