Supreme Court to hear plea against appointment of CEC, ECs under 2023 law on May 14

New Delhi: The Supreme Court on Wednesday decided to take up on May 14, 2025, a plea challenging the validity of the law on appointment of Chief Election Commissioner and the Election Commissioners.

A bench of Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan fixed the date of hearing on a request made by advocate Prashant Bhushan on behalf of the petitioners, who challenged the validity of the 2023 law on appointing Chief Election Commissioner and Election Commissioner, which dropped the CJI from the selection panel.

The counsel said this is matter related to challenge to the law on the appointment of election commissioners, he would not take more than one hour.

Bhushan, appeared for petitioner NGO- ADR.

The petitioners contended that the 2023 law effectively undermined the Supreme Court’s previous ruling, which mandated an independent selection panel consisting of the Prime Minister, the Leader of Opposition, and the Chief Justice of India (CJI). Instead, the new law replaced the CJI with a Union Minister, raising concerns about executive dominance over the Election Commission.

In December 2023, the Centre enacted the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

The new law has replaced the Chief Justice of India by a minister on a panel to be set up for the purpose of selecting the CEC and ECs.

The Constitution bench judgment in Anoop Baranwal Vs Union of India had in March, 2023 declared that the appointment of CEC and ECs would be made by the President on advice of a panel, comprising Prime Minister, Leader of Opposition and Chief Justice of India, until a law is put in place in this regard.

The court had earlier on March 21, 2024, refused to stay the new law for appointment (CEC) and ECs, saying the manner in which the government went about expediting the appointments was "unnecessary and avoidable" but it could not stay the legislation as this will only lead to chaos and uncertainty.