CJI Kant recuses from hearing petitions challenging 2023 ECI law
What's the story
Chief Justice of India (CJI) Surya Kant has recused himself from hearing 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. The Act excludes the Chief Justice of India from the selection panel for appointing Election Commissioners. The matter was listed before a bench including Justices Joymalya Bagchi and Vipul M Pancholi.
Recusal rationale
'Somebody may accuse me of conflict of interest': CJI Kant
During the hearing, CJI Kant expressed his concerns about a possible conflict of interest. He said, "Should I hear this matter? Somebody may accuse me of conflict of interest." Advocate Prashant Bhushan, appearing for one of the petitioners, suggested that it would be better if CJI Kant did not hear the matter. The suggestion was accepted by CJI Kant, who agreed to recuse himself from the case.
Bias avoidance
Case to be heard on April 7
CJI Kant said the case will be listed before a bench without a judge who is in line to become the Chief Justice of India. He said, "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." The case will now be heard on April 7 by a different bench.
Legal challenge
Controversy surrounding the law
The 2023 law's controversy stems from a Supreme Court judgment in Anoop Baranwal v Union of India, which had recommended including the CJI in the panel for appointing Election Commissioners. The current law has a selection panel comprising the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition in the Lok Sabha. In 2024, a bench led by former CJI Sanjiv Khanna refused to stay the operation of this law.