CJI Sanjiv Khanna Recuses From Hearing Cases Challenging Election Commission Act Which Seek Inclusion Of CJI In Selection Panel
The Chief Justice of India (CJI) Sanjiv Khanna today recused from hearing a batch of petitions challenging the Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions of Service And Term of Office) Act, 2023 without citing any reason.
A two-Judge Bench of Justice Khanna and Justice Sanjay Kumar were in the process of hearing a batch of six petitions that challenge the provision of the 2023 Act that provides for a 'selection committee' comprising the Prime Minister, the Leader of the Opposition and a Cabinet Minister of the Prime Minister's choosing for selecting Election Commissioners.
As soon as Justice Khanna mentioned that he is considering recusing from the case, Senior Advocate Gopal Sankaranarayanan, appearing for a Petitioner, recounted that Justice Khanna had previously heard the case and passed an interim order. Justice Khanna replied, "The situation was slightly different," possibly referring to the fact that he was not the Chief Justice then. Sankaranarayanan urged, "I am sure we can convince your lordship to a different direction." leading to a brief smile, but no indication that Justice Khanna was amenable to hearing the case.
The Supreme Court, through its March 2023 Judgment in Anoop Baranwal v. Union of India, had directed the constitution of a committee for ECI appointments comprising the Chief Justice of India, the Prime Minister and the Leader of the Opposition in the Lok Sabha. The Court had clarified, “This norm will continue to hold good till a law is made by the Parliament.”
It is understood that the reason for recusal is that if Justice Khanna hears the case and strikes down the provisions of the 2023 Act replacing the Chief Justice with a Cabinet Member, the committee set up by the Court's Judgment would be reinstated, which would include him.
On March 21 this year, a Bench comprising Justice Khanna and Justice Dipankar Datta had refused to grant an interim stay on the 2023 Act, taking into account the then upcoming Lok Sabha elections. The Bench, in its Order, said, "[A]ny interjection or stay by this Court will be highly inappropriate and improper as it would disturb the 18th General Election for the Lok Sabha". It had further said, "In our opinion, grant of stay would lead to uncertainty and confusion, if not chaos. That apart, even when the matter had come up earlier and the applications for stay were pressed, we had refused to grant stay."
On August 9, the Court had asked the Union Government prayed for and was granted six weeks to file a counter affidavit and reply. The Court today noticed that the government was yet to file it. "This is not done," Justice Khanna said sternly.
Advocate Varun Thakur, appearing for Petitioner Dr. Jaya Thakur, urged the Bench to grant a stay as a vacancy in the Election Commission of India is about to arise, referring to the retirement of the Chief Election Commissioner Rajiv Kumar on February 19, 2025.
While the Bench was initially inclined to list the matter in the week commencing January 28, 2025, but then posted it in the week commencing January 6 after the Petitioners protested.
Cause Title: Dr. Jaya Thakur v. Union of India [W.P.(C) No. 14/2024]
