CJI Surya Kant Recuses From Hearing On EC Appointments Law

“I will be accused of conflict of interest. There is a conflict of interest,” the CJI said while hearing the matter with Justices Joymalya Bagchi and Vipul M. Pancholi.

The petitions question provisions of the 2023 law that exclude the CJI from the selection committee for appointing the Chief Election Commissioner and Election Commissioners.

The CJI said the matter should be heard by a bench where no judge is in line to become the Chief Justice. “I personally don't have any problem, but it can be listed before a bench not having a prospective CJI,” advocate Prashant Bhushan, appearing for one of the petitioners, said.

Accepting the suggestion, the CJI directed that the case be listed before another bench on April 7, indicating that it would comprise judges not in line to assume the office of the CJI.

The law was enacted in December 2023, months after a Supreme Court verdict that mandated appointments to the Election Commission be made by a panel comprising the Prime Minister, the Leader of the Opposition and the CJI, pending legislation.

Under the Act, the selection committee includes the Prime Minister, a Union minister nominated by the Prime Minister and the Leader of the Opposition or leader of the largest opposition party in the Lok Sabha.

The petitioners, including Congress leader Jaya Thakur and the Association for Democratic Reforms, have contended that excluding the CJI undermines the independence of the appointment process.

The matter will now be heard by a reconstituted bench.