The Supreme Court of India, led by Chief Justice of India (CJI) Surya Kant, has decided not to hear a batch of petitions challenging the constitutional validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. This law replaced the Chief Justice of India with a Union Cabinet Minister in the three-member selection panel for appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs), giving the Central government a more dominant role.
In proceedings on Friday, March 20, 2026, CJI Surya Kant expressed his reluctance to preside over the matter. He noted that the petitions directly concern the inclusion or exclusion of the CJI from the selection committee, which could lead to perceptions of conflict of interest or criticism against the office of the Chief Justice.
The CJI remarked that hearing the case under his leadership might expose the judiciary to avoidable controversy, especially since the challenge relates to the potential role of the CJI in future appointments. He indicated his intention to reassign the case to another bench, preferably one not involving a judge in line to become CJI, to ensure impartiality and maintain public confidence in the process.
The pleas, including those filed by petitioners such as Jaya Thakur and the Association for Democratic Reforms (represented by advocates like Prashant Bhushan), argue that the 2023 law contravenes a 2023 Supreme Court Constitution Bench judgment (in Anoop Baranwal vs Union of India). That verdict had mandated a selection panel comprising the Prime Minister, the Leader of Opposition in the Lok Sabha, and the CJI to safeguard the Election Commission's independence until Parliament enacted a law.
The matter has seen multiple recusals and adjournments in the past. Previously, former CJI Sanjiv Khanna recused himself in December 2024 on similar grounds when the case came before him. Hearings have been deferred several times, with earlier dates set for May 2025, November 2025, and others, but substantial arguments on the merits have yet to commence.
The Supreme Court has so far declined to stay the operation of the 2023 law or grant urgent interim relief in related pleas, allowing appointments under the new framework to proceed. The reassignment of the case to a different bench is expected to be formalized soon, with the next listing to be determined accordingly.
This development underscores ongoing debates about judicial independence, executive influence over constitutional bodies like the Election Commission, and the balance of powers in the appointment process for key democratic institutions.
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