The Supreme Court is set to decide whether it should reconsider an earlier order that could send the challenge to India’s election commissioner appointment law to a five-judge bench. Chief Justice of India Surya Kant said on Wednesday that he would examine a fresh plea and decide what should happen next.
The application has been filed by Naman Sherstra, one of the petitioners challenging the Chief Election Commissioner and Other Election Commissioners Act, 2023. In March 2023, a five-judge Supreme Court bench had said that, until Parliament made a law, appointments should be made on the advice of a committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha and the Chief Justice of India. Under the 2023 law, the panel includes the Prime Minister, the Leader of the Opposition and a Union Cabinet minister chosen by the Prime Minister. Earlier reporting noted: The application was filed by Naman Sherstra, one of the petitioners who has challenged the validity of the CEC & ECs (Appointment, Conditions of Service and Term of Office) Act, 2023.
Earlier reporting noted: “We will examine and take a call,” the CJI said, when the application was mentioned for urgent hearing by senior advocate Gopal Sankaranarayanan and advocate Vishal Sinha. The case is about the law that decides how the Chief Election Commissioner and Election Commissioners are appointed. Parliament later passed a law creating a different selection committee. The Chief Justice of India is not part of that committee.
Earlier reporting noted: CEC, ECs appointment law: SC soon to take decision on listing of plea to recall order Chief Justice of India (CJI) Surya Kant on Wednesday said that a decision will soon be taken on listing the application seeking recall of an order referring the challenge to the law governing the appointment of the chief election commissioner and election commissioners to a Constitution bench.
What happens next?
The Supreme Court has not yet decided whether the 2023 appointment law is constitutional.
“We will examine and take a call,” the CJI said after senior advocate Gopal Sankaranarayanan asked for an urgent hearing. CJI Surya Kant has said he will examine the request and take a decision.
For now, the immediate question is whether the recall application should be heard before the CJI decides if the main case should go to a five-judge bench.
