Supreme Court Rejects Centre’s Plea to Delay EC Appointment Law Hearing

The Supreme Court of India on Wednesday refused to adjourn the hearing on petitions challenging the constitutional validity of the 2023 law related to the appointment of the Chief Election Commissioner and Election Commissioners.

The petitions question the legality of a law that removed the Chief Justice of India from the selection committee responsible for appointing the Chief Election Commissioner (CEC) and other Election Commissioners.

A bench comprising Justices Dipankar Datta and Satish Chandra Sharma rejected the Centre’s plea seeking postponement of the hearing.

Solicitor General Tushar Mehta, appearing on behalf of the Union government, requested an adjournment on the grounds that he was occupied before a nine-judge Constitution Bench currently hearing the Sabarimala reference matter.

However, the court declined the request, observing that the issue concerning the appointment mechanism of Election Commissioners was “more important” and required urgent consideration.

The larger Constitution Bench, headed by Chief Justice Surya Kant, is presently hearing a batch of petitions related to discrimination against women at religious places, including the Sabarimala Temple, along with broader questions concerning religious freedom across different faiths.

The challenge to the 2023 law has attracted significant attention as it concerns the independence and transparency of the election appointment process. Critics argue that removing the Chief Justice of India from the selection panel may weaken institutional checks and balances in the appointment of top election officials.