Chief Justice Opts Out Of Case Related To Poll Body Chief Appointment

Chief Justice Sanjiv Khanna has recused himself from petitions against a law removing the holder of India’s highest judicial post from a panel that appoints the Chief Election Commissioner and Election Commissioners. The matter was sent to another bench and hearings will begin January 6 next year.

Chief Justice Khanna, then a Justice of the Supreme Court, was part of the two-judge bench that began hearing those petitions in March.

Last year the Supreme Court directed the naming of the election commissioners be made ‘transparent’ by referring their appointments to a three-member panel consisting of the Prime Minister, the Leader of the Opposition, and the Chief Justice.

However, months later the government, in a contentious move, introduced the Chief Election Commissioner and other Election Commissioners bill that dropped the Chief Justice from that panel and replaced him/her with a union minister to be picked by the PM.

The move was challenged – days before the April-June federal election by opposition politicians, like the Congress’ Jaya Thakur, and civil society groups, such as the Association for Democratic Reforms.