New Delhi, March 20 -- Chief Justice of India Surya Kant on Friday stepped aside from hearing petitions that question the validity of a 2023 law altering the process for appointing election commissioners, citing a potential conflict of interest.
"I will be accused of conflict of interest. There is a conflict of interest," he said at the outset while sitting with Justices Joymalya Bagchi and Vipul M Pancholi. He added that the case should be heard by a bench where no judge is in line to become the chief justice.
The petitions challenge provisions of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which removed the CJI from the selection panel. Advocate Prashant Bhushan, appearing for a petitioner, backed the recusal and suggested listing the matter before a bench without any prospective CJI.
Accepting the suggestion, the court directed that the case be heard on April 7 by a newly constituted bench.
The law, passed in December 2023, replaced an earlier arrangement set by a Constitution bench in March 2023 that included the prime minister, the Leader of Opposition and the CJI in the selection committee. Petitioners argue the change weakens institutional independence. The Centre has defended the law, stating that independence does not depend on a judicial member's presence.
Published by HT Digital Content Services with permission from Millennium Post.