CJI Sanjiv Khanna Recuses Himself from Hearing Pleas on New Election Commissioner Appointment Law, Know Why?
In a major development, Chief Justice of India (CJI) Sanjiv Khanna on Tuesday recused himself from hearing a batch of pleas challenging the newly enacted law concerning the appointment of Chief Election Commissioner (CEC) and other Election Commissioners (ECs). Petitions being heard by a bench headed by CJI Khanna and Justice Sanjay Kumar, where challenges have been made about certain provisions of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, particularly sections 7 and 8, will also be heard by a single bench.
PILs have been filed by Congress leader Jaya Thakur, the Association for Democratic Reforms, the People's Union for Civil Liberties, and others, questioning the legality of the new law that alters the process of appointing election commissioners. Significantly, the new legislation eliminates the Chief Justice of India from the selection committee for appointing the CEC and ECs. The appointments will now be made on the basis of recommendations from a committee headed by the Prime Minister, with the membership of a Cabinet Minister and the Leader of the Opposition.
It means, CJI Khanna-indeed, who has only stepped in at the fag-end of this month-then met the advocates who represent petitioners and informed that in a matter in which he passed interim orders earlier, and now is hearing as its Chief Justice, and said that he will not able to hear it. Then again in a different bench case to hear following winters break and would like hearing in the week commencing January 6, 2025.
The newly passed Election Commissioners' Act replaced the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, marking a significant shift in the appointment process. Under the new law, the President will appoint the election commissioners based on the recommendations of a selection committee that considers candidates nominated by the Union Law Minister. It has summoned the central government and the Election Commission of India to file their responses before the next hearing.
