SC promises early hearing on Election Commissioners Act

The Supreme Court on Wednesday assured petitioners challenging the constitutionality of the Chief Election Commissioner and Other Election Commissioners Act, 2023 that it would try its best to give an early date for hearing of the case.

A division bench headed by Justice Surya Kant gave the verbal assurance to Prashant Bhushan, counsel for one of the petitioners, who insisted on an early hearing. The pleas were slated for hearing on Wednesday but could not be taken up after Solicitor General Tushar Mehta requested for accommodation apprising the bench that he is preoccupied with a hearing before a Constitution bench.

Bhushan told the bench that the case is squarely covered by a previous ruling of the Supreme Court and that the petitioners would not take more than an hour to conclude their arguments.


When the bench posted the case for hearing in March, Bhushan urged the bench to give an early date since the case is of tremendous public significance. To this, Justice Kant verbally assured Bhushan the bench would try its best to find an early date.

In a related development, Lok Sabha MP Mahua Moitra filed an application in support of pleas challenging constitutionality of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which removed the Chief Justice of India from the selection panel appointing Election Commissioners (ECs).

Seeking intervention, the Trinamool Congress MP alleged that there are Constitutional infirmities in the Act and has suggested alternative models of selection/appointment of CEC/ECs with inbuilt constitutional safeguards.

Her application states that the Act is a "deliberate attempt to usurp the independent functioning of an institution responsible for conducting free and fair elections and directly transgresses elementary constitutional principles."