NEW DELHI: Chief Justice of India Surya Kant on Friday recused himself from hearing a batch of petitions challenging a 2023 law that removed the CJI from a committee mandated to appoint the chief election commissioner to the poll panel, citing “conflict of interest”.
The court was hearing a batch of PILs challenging the constitutional validity of certain provisions of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act. The CJI said it would be appropriate for the case to be listed before a bench where no judge was in line to become the chief justice. Else, “I will be accused of conflict of interest,” the CJI said.
The December 2023 law came months after a SC order that a panel comprising the Prime Minister, the Leader of the Opposition, and the CJI appoint election commissioners. The bench had said the system would remain in force till a law was enacted. Under the 2023 Act, however, the selection committee consists of the PM, a Union minister nominated by the PM and the Leader of Opposition in the Lok Sabha.