CJI Khanna recuses self from hearing pleas against exclusion of CJI from selection panel

Chief Justice of India Sanjiv Khanna on Tuesday recused himself from hearing PILs challenging a recently enacted law on appointment of the Chief Election Commissioner and Election Commissioners that replaced the CJI with a Union Cabinet Minister in the three-member selection panel.

Sitting on the Bench with Justice Sanjay Kumar, CJI Khanna told the petitioners’ lawyers that he couldn't hear the petitions. "List the matter before a bench of which I am not a part," he said.

Senior advocate Gopal Sankaranarayanan and advocate Prashant Bhushan pointed out that the previous Bench headed by Justice Khanna had issued the notice and they had no objection if he continued hearing the matter.

However, Justice Khanna, who took over as the CJI last month, said the matter would now be listed before another Bench in the week commencing January 6, 2025. The Bench asked the Centre and the Election Commission to file their replies to the petitions.

Earlier, the top court had on February 13 refused to stay the newly enacted law on appointment of the Chief Election Commissioner and Election Commissioners.

The Bench had, however, issued notice to the Centre on Association for Democratic Reform’s (ADR’s) PIL challenging the validity of the Chief Election Commissioner and the other Election Commissioners (Appointment, Condition of Service and Term of Office) Act, 2023, notified in the official gazette on December 28, 2023.

The ADR has contended that the law was contrary to the Constitution Bench verdict which directed the inclusion of the CJI in the three-member selection panel to pick the CEC and ECs.

In January, the Bench had issued notice to the Centre on another PIL filed by Madhya Pradesh Congress leader Jaya Thakur challenging the law on the grounds that it gave sweeping powers to the Centre by dropping the CJI from the three-member selection panel. Besides Thakur, Gopal Singh, an advocate, had also challenged the validity of the law.

Ending the 73-year-old system of the government appointing the Chief Election Commissioner and Election Commissioners, the Supreme Court had on March 2 last year ordered creation of a three-member panel comprising the Prime Minister, Leader of Opposition in the Lok Sabha or leader of largest opposition party and the CJI to select them.

In a unanimous verdict, a five-judge Constitution Bench led by Justice KM Joseph (since retired) had, however, said, “This norm will continue to hold good till a law is made by Parliament.”