New Delhi:
Chief Justice Sanjiv Khanna has recused himself from hearing petitions against a law removing the holder of India’s highest judicial post from a panel appointing the Chief Election Commissioner and Election Commissioners. The matter was sent to another bench and hearings will begin January 6.
Chief Justice Khanna – then a Justice of the Supreme Court – was part of the two-judge bench that began hearing those petitions in March and subsequently passed an interim order. Now, however, Mr Khanna said it is a “different scenario”, referring to his appointment as Chief Justice last month.
Last year the Supreme Court – in a judgement meant to insulate the Election Commission from interference by the Legislature – said Chief Election and Election Commissioners would be appointed by a three-member panel of the Prime Minister, the Leader of the Opposition, and the Chief Justice.
However, months later the government introduced and passed – in a Winter Session of Parliament even as most of the opposition was suspended – the Chief Election Commissioner and other Election Commissioners Bill, which dropped the CJI in favour of a union minister to be named by the PM.
READ | Bill To Appoint Top 3 Poll Officers Passed In Lok Sabha, Clears Parliament
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.
Then-Justice Khanna and Justice Dipankar Datta refused to stay the new law.
READ | Top Court Refuses To Stay Law To Appoint Election Commissioners
All of this played out when the Election Commission had two vacancies; Election Commissioner Arun Goel resigned in March, days after his colleague, Anup Chandra Pandey, also stepped down. That left only Chief Election Commissioner Rajiv Kumar on the panel with the Lok Sabha poll just weeks away.
The changed rules to appoint election commissioners were red-flagged by the opposition, which accused the ruling party of a “systematic decimation” of government institutions. Critics of the new law – which replaced the Chief Justice – demanded his/her inclusion to balance out any potential conflict of interest that might be raised by the presence of politicians on the appointment panel.
READ | Petition In Top Court To Restrain Centre From Appointing Poll Officers
The government, meanwhile, opposed any challenges to, or court-ordered stay on, its law, arguing that such measures were politically motivated and “created only on basis of unsupported and pernicious statements”. Individuals holding high office, it said, are “presumed to act fairly”.
READ | “Petitioner Trying To Create Row”: Centre Defends ECs’ Appointment
The controversy over the CEC Bill did not, however, stop the government from naming replacements to Mr Goel and Mr Pandey; Gyanesh Kumar and Sukhbir Singh Sandhu were appointed instead.
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