Should Judges be Allowed to Recuse Themselves from Controversial Cases?

Chief Justice of India Sanjiv Khanna on Tuesday opted out of hearing a batch of pleas challenging the law relating to the appointment of Chief Election Commissioner and Election Commissioners, PTI reported.

A bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was hearing the matter, when the former told the advocates, appearing for the public interest litigation (PIL) petitioners, that he could not hear the pleas now.

The petitions challenged the validity of Sections 7 and 8 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

"What Does CJI Sanjiv Khanna's Recusal Mean for the ECI Chief Appointment Case?"

Senior advocate Gopal Sankaranarayanan and lawyer Prashant Bhushan said that the previous bench, headed by Justice Khanna, had passed interim orders in the matter.

However Justice Khanna, earlier in November, succeeded Justice DY Chandrachud and took charge as the Chief Justice of India.

So, these batch of pleas will be now heard after the winter, in the week beginning on January 6, 2025, by another bench.

The top court bench led by CJI Khanna, however, asked the central government and Election Commission of India to file their responses in the matter.

Additionally, through the new law, Chief Justice of India was dropped from a committee to appoint the CEC and other ECs. They will now be appointed on the basis of the recommendation of a committee led by the Prime Minister, comprising a Cabinet Minister and the Leader of Opposition.

The petitions before the Supreme Court have been filed by Congress leader Jaya Thakur, the Association for Democratic Reforms (ADR), and the People's Union for Civil Liberties (PUCL), Lok Prahari, etc., a Live Law report said.

The Election Commissioners' Act, passed in December 2023, replaced the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.

The most prominent feature of the new law is that the President would appoint the election commissioners on the basis of a selection committee's recommendation, which will be given after considering a list of candidates proposed by a committee led by the Union law minister.

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