Blitz Bureau
THE Supreme Court has fixed April 16 for hearing on a clutch of petitions challenging the law passed by Parliament, which excludes the Chief Justice of India (CJI) from the process of appointment of top officials of the Election Commission.
A Bench of Justices Surya Kant and N Kotiswar Singh decided to defer the hearing for four weeks after advocate Prashant Bhushan, appearing on behalf of the Association for Democratic Reforms, an NGO, mentioned that the matter is listed at serial number 38 and is not likely to reach for hearing during the course of the day.
The Justice Kant-led Bench added that it would ensure that not many urgent cases are listed on the fixed date and the pleas challenging the validity of the Chief Election Commissioner and the other Election Commissioners (Appointment, Condition of Service and Term of Office) Act, 2023 are listed high on board on April 16.
In March 2023, a Constitution Bench of the Supreme Court had held that the appointment of top officials of the Election Commission shall be done by the President on the advice of a panel comprising the Prime Minister, the Leader of the Opposition (LoP) in the Lok Sabha, and the Chief Justice of India (CJI).
“We declare that the appointment of the CEC and the other ECs shall be made on the recommendations made by a three-member Committee comprising the Prime Minister, LoP of the Lok Sabha and in case no LoP is available, the leader of the largest opposition party in the Lok Sabha in terms of numerical strength and the Chief Justice of India,” said the apex court, clarifying that its guidelines shall be in effect until Parliament makes a law in consonance with Article 324(2) of the Constitution.
