CJI Surya Kant recuses from Election Commissioner appointments case

Chief Justice of India (CJI) Surya Kant on Friday recused from hearing a batch of pleas challenging the law governing the appointment and service conditions of the Chief Election Commissioner (CEC) and other Election Commissioners [Dr. Jaya Thakur and ors vs Union of India and ors]..A Bench of CJI Kant and Justices Joymalya Bagchi and Vipul M Pancholi was scheduled to hear the case today when the CJI chose to recuse."Should I hear this matter? Somebody may accuse me of conflict of interest," the CJI observed..Notably, the law under challenge has been questioned on the ground that it excludes the Chief Justice of India (CJI) from the panel tasked with selecting election commissioners. .Advocate Prashant Bhushan, appearing for a petitioner, today suggested that the case may be placed before a Bench that does not have a prospective Chief Justice.CJI Kant accepted this suggestion to avoid any possible conflicts of interest. "This is what was in my mind. I should mark the matter to a Bench where the judge is not in line to become CJI. Then nobody can say anything. I have already done my homework" CJI Kant remarked. The case is listed next on April 7."List this matter on 7 April before a bench to be earmarked separately," the Court ordered. .The law in focus, namely the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act of 2023, has been challenged on the ground that it runs contrary to a direction issued by the top court in its judgment in Anoop Baranwal v. Union of India and ors, which had called for the inclusion of the CJI in the appointment process of ECs.The 2023 law provides for appointments to election commission posts by a selection committee comprising the Prime Minister, a Union Cabinet Minister and the Leader of Opposition in the Lok Sabha.In 2024, a Bench of former CJI Sanjiv Khanna and Justice Dipankar Datta had refused to stay the law. It had also declined to interfere with the appointment of two Election Commissioners - Sukhbir Singh Sandhu and Gyanesh Kumar - under the said law. .Stay on appointment of new Election Commissioners before Lok Sabha polls would lead to chaos: Supreme Court.[Read Live Coverage]