The Supreme Court on Wednesday adjourned to May 14 the hearing on a batch of petitions challenging the constitutionality of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023.

The law has drawn criticism for excluding the Chief Justice of India from the selection committee for Election Commissioners — a move alleged to undermine the independence of the Election Commission.

The matter was listed before a bench comprising Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan as item no. 33. Observing that the case was unlikely to be taken up during the day, Advocate Prashant Bhushan, appearing for petitioner Association for Democratic Reforms, made a mention and urged for an early listing.

He emphasized that the issue is substantially covered by the Constitution Bench judgment in the Anoop Baranwal case and would not require lengthy arguments.

Taking note of the request, the bench decided to cancel a special bench matter scheduled for May 14 in order to accommodate the hearing on the present pleas.

The CEC Act, enacted in 2023, stipulates a three-member selection panel comprising the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition for appointing Election Commissioners. The exclusion of the Chief Justice of India from this process has triggered legal and political controversy, with multiple petitions — including by Congress leader Dr. Jaya Thakur and the Association for Democratic Reforms — challenging the law before the apex court.

Initially, the Supreme Court had agreed to hear the matter before the appointment of a new Chief Election Commissioner, following Rajiv Kumar’s retirement. It was first posted for February 12, then shifted to February 19 at the Union government’s request, but has been adjourned repeatedly since.

In March 2024, a bench led by Justices Sanjiv Khanna (now Chief Justice of India) and Dipankar Datta declined to stay the implementation of the CEC Act.

Case Title: Dr. Jaya Thakur & Ors. v. Union of India & Anr., Writ Petition (Civil) No. 14 of 2024 and connected matters.