KKN Gurugram Desk | In a significant development today, the Supreme Court of India adjourned the hearing of pleas challenging the constitutionality of the Chief Election Commissioner and Other Election Commissioners Act, 2023. This legislation, passed by Parliament in December 2023, notably removed the Chief Justice of India (CJI) from the selection panel that appoints the Election Commissioners (ECs).

The case was listed for hearing before a bench of Justices Surya Kant and N. Kotiswar Singh. However, during the morning session, Advocate Prashant Bhushan, who is representing the petitioners, raised concerns about the urgency of the matter. He requested the bench to prioritize hearing the case, given its significant implications for the democratic process in India. Despite this, the bench decided to hear the case after other matters were taken up.

Disagreement Over Hearing Schedule

The hearing witnessed a bit of tension between Bhushan and Solicitor General Tushar Mehta, who appeared for the Union Government. Bhushan objected to the request made by Mehta, who sought to postpone the case due to his prior commitment to a hearing before the Constitution Bench led by CJI D.Y. Chandrachud. Bhushan pointed out that there were 17 law officers representing the Union, and therefore, not every case could be delayed because the Solicitor General was occupied elsewhere.

This remark displeased Mehta, who responded sharply, saying, “Let’s not stoop that low.” The bench, however, conveyed to Mehta that it would accommodate his request only if he was unable to get free from the ongoing Constitution Bench hearing. After this exchange, the bench proceeded to hear other matters before adjourning the case to a later date.

Multiple Mentions and Refusal to Hear the Pleas

Despite multiple mentions throughout the day, the court did not take up the pleas for hearing. Bhushan, who had earlier argued that the issue was crucial for the health of Indian democracy, was told by Justice Kant that the Supreme Court does not consider any matter to be superior over others. Bhushan had argued that the Executive-dominated appointments of Election Commissioners impacted over 140 crore citizens of India and posed a direct threat to the fairness and independence of elections.

However, Justice Kant responded, saying, “All matters are very important,” emphasizing that no case was inherently more important than another in the Court’s view. Before adjourning the matter, Justice Kant suggested that Bhushan take a chance on March 19, 2024, as the next tentative hearing date, contingent on the availability of the bench.

What is the Chief Election Commissioner and Other Election Commissioners Act, 2023?

The Election Commissioners Act, which came into effect in December 2023, has been at the heart of a growing legal debate. The Act alters the process by which Election Commissioners are appointed in India, removing the Chief Justice of India from the selection panel.

Under the new law, Election Commissioners will be selected by a committee comprising the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition or the leader of the largest opposition party in the Lok Sabha. Critics argue that this composition could undermine the independence of the Election Commission, making it susceptible to executive influence.

This new Act directly contradicts the Supreme Court’s earlier directive in March 2023, which required that the Chief Justice of India be part of the selection panel to ensure independent appointments. The Court had given this direction after hearing a petition that sought to ensure the independence of the Election Commission of India (ECI), which oversees the conduct of free and fair elections in the country.

Legal Challenges to the Election Commissioners Act

Following the passage of the Act, multiple petitions were filed in the Supreme Court challenging its constitutionality. Among the petitioners were prominent figures and organizations such as Congress leader Jaya Thakur and the Association for Democratic Reforms (ADR). They contend that the new Act undermines the independence of the Election Commission, a crucial pillar of India’s democracy.

In March 2024, a bench of Justices Sanjiv Khanna (currently the Chief Justice of India) and Dipankar Datta had already refused to stay the implementation of the Chief Election Commissioner and Other Election Commissioners Act. The bench had remarked that the case raised two primary issues: First, whether the Act itself was constitutional and second, whether the procedure adopted for selecting Election Commissioners was flawed.

Implications of the New Law

The Chief Election Commissioner and Other Election Commissioners Act, 2023 is seen by many as a significant shift in the appointment process of the Election Commissioners. Prior to the enactment of this law, the selection of Election Commissioners was overseen by a panel that included the Chief Justice of India, a move aimed at ensuring political neutrality and independence.

With the CJI now excluded from the panel, critics argue that this could lead to the appointment of Election Commissioners who are more aligned with the executive branch of the government, particularly the ruling party. The fear is that this shift could erode the impartiality and fairness of the Election Commission, potentially undermining trust in the electoral process.

On the other hand, supporters of the new Act argue that the presence of the Leader of the Opposition in the selection committee will ensure a balanced approach to appointments. However, the debate continues over whether this new structure will truly preserve the independence of the Election Commission, which plays a crucial role in maintaining the integrity of India’s elections.

The Supreme Court’s Role and Upcoming Hearings

The Supreme Court is now tasked with deciding whether the Chief Election Commissioner and Other Election Commissioners Act, 2023 is in line with the Constitution. The Court has already raised concerns over the potential for executive influence over the Election Commission and will likely take into account the balance of power between the branches of government when rendering its decision.

With the issue now adjourned until March 19, the legal and political community will closely follow the proceedings to determine how the Supreme Court will address this critical challenge to the independence of one of India’s most important democratic institutions.

Why This Case Matters

The outcome of this case could have far-reaching implications for the future of India’s democracy. The Election Commission is responsible for overseeing elections, which are the cornerstone of India’s democratic system. If the Court rules against the constitutionality of the new Act, it could lead to significant changes in how Election Commissioners are appointed, ensuring greater judicial oversight in the process.

Alternatively, if the Court upholds the Act, it could pave the way for greater executive control over the Election Commission, which could lead to concerns about the fairness of future elections. This case is thus seen as a litmus test for the independence of key institutions in India’s democracy.

As the Supreme Court adjourned the hearing on the constitutionality of the Chief Election Commissioner and Other Election Commissioners Act, 2023, the focus now shifts to the March 19 hearing. With significant political and legal implications, this case will shape the future of India’s electoral landscape. How the Court balances the need for executive control and the independence of the Election Commission will be crucial for the credibility and fairness of future elections in the country.