CJI Sanjiv Khanna recuses himself from CEC's appointment case
Chief Justice of India (CJI) Sanjiv Khanna has recused himself from hearing petitions challenging a law that excludes the CJI from the panel responsible for appointing the Chief Election Commissioner and Election Commissioners. The case will now be heard by another bench starting January 6, after the winter break. Notably, Chief Justice Khanna was part of a two-judge bench that initially heard these petitions in March.
New law replaces CJI in appointment panel, sparks controversy
The Supreme Court had earlier ruled that the appointment panel should comprise the Prime Minister, the Leader of the Opposition, and the CJI to shield the Election Commission from legislative interference. However, a new law passed during a Winter Session of Parliament, substituted the CJI with a union minister appointed by the PM. This change was challenged by opposition politicians and civil society groups just before federal elections.
Opposition criticizes new law, government defends position
Notably, the previous bench comprising then-Justice Khanna and Justice Dipankar Datta did not stay this new law. The controversy erupted amid vacancies in the Election Commission after Election Commissioners Arun Goel and Anup Chandra Pandey resigned. Opposition parties slammed the new law as undermining government institutions and demanded the CJI be reinstated on the panel to prevent conflicts of interest.
Government appoints new election commissioners amid controversy
Defending its stand, the government argued challenges to its law were politically motivated and premised on "unsupported and pernicious statements." It maintained people in high office are "presumed to act fairly." Even as the law continues to be mired in controversies, Goel and Pandey were replaced by Gyanesh Kumar and Sukhbir Singh Sandhu, respectively.
