Today, Chief Justice of India Surya Kant recused himself from hearing a batch of petitions challenging the law governing the appointment and service conditions of the Chief Election Commissioner and other Election Commissioners.

A Bench comprising CJI Kant, Joymalya Bagchi and Vipul M Pancholi was scheduled to hear the matter. However, at the outset, the CJI stepped aside, noting that his participation could raise concerns about a potential conflict of interest.

“Should I hear this matter? Somebody may accuse me of conflict of interest,” he observed in court.

The petitions challenge the exclusion of the CJI from the selection panel responsible for appointing Election Commissioners. During the hearing, advocate Prashant Bhushan suggested that the case be assigned to a Bench where no judge is in line to become the Chief Justice of India.

Agreeing with the suggestion, CJI Kant said it was already on his mind to ensure the matter is heard by a Bench free from any such concerns. “I should mark the matter to a Bench where the judge is not in line to become CJI. Then nobody can say anything. I have already done my homework,” he remarked.

The Court directed that the case be listed on April 7 before a separately designated Bench.

The challenge is to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which provides that Election Commissioners are appointed by a panel comprising the Prime Minister, a Union Cabinet Minister and the Leader of Opposition in the Lok Sabha.

Petitioners argue that this framework goes against the Supreme Court’s ruling in Anoop Baranwal v. Union of India, where the Court had directed that the CJI be included in the selection process.

Earlier, in 2024, a Bench led by former CJI Sanjiv Khanna and Justice Dipankar Datta had declined to stay the law and refused to interfere with the appointments of Election Commissioners Sukhbir Singh Sandhu and Gyanesh Kumar made under the 2023 Act