Supreme Court to Hear Challenges to Election Commissioners’ Law on May 14
Last Updated on April 20, 2025 by Shianjany Pradhan
The Supreme Court has postponed the hearing of pleas challenging the constitutionality of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023, to May 14.
The petitioners argue that the Act, which removed the Chief Justice of India from the selection panel for appointing Election Commissioners, undermines the independence of the Election Commission.
The matter was scheduled before a bench of Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan.
The petitioner mentioned the case and requested that it be heard next week. He pointed out that the issue was covered by a previous Constitution Bench judgment in the Anoop Baranwal case and would not take long to argue.
The bench agreed to reschedule the matter and canceled a special bench matter scheduled for May 14 to hear the plea.
The CEC Act has sparked significant legal and political debate, with critics arguing that removing the CJI from the selection panel compromises the Election Commission’s independence. Under the new law, Election Commissioners are selected by a panel consisting of the Prime Minister, a Cabinet Minister, and the Leader of the Opposition.
The Act has led to multiple litigations, with Congress leader Jaya Thakur and the Association for Democratic Reforms filing petitions in the Supreme Court. The case had been postponed several times, with earlier hearings being adjourned or delayed. In March 2024, a bench led by Justice Sanjiv Khanna (now CJI) declined to stay the CEC Act.
Case Title: Dr. Jaya Thakur & Ors. v. Union of India & Anr. | Writ Petition (Civil) No. 14 of 2024 (and connected cases)
