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  • CJI Surya Kant Recuses from Hearing Challenge to Election Commissioners Appointment Law

    CJI Surya Kant | LawNotify.in

    March 21, 2026 : The Supreme Court saw an important procedural development on Friday when Chief Justice of India Justice Surya Kant recused himself from hearing petitions challenging the law governing the appointment of Election Commissioners. The case raises questions over the constitutional validity of the 2023 legislation that modified the composition of the selection committee responsible for appointing members to the Election Commission of India.

    Under the amended framework, the Chief Justice of India was replaced by a Union Cabinet Minister in the selection panel. This change has been contested on the ground that it may compromise the institutional independence of the Election Commission by increasing executive influence.

    During the hearing, the Chief Justice stated that, given the subject matter directly concerns the role of his office in the appointment process, it would be appropriate for him to step aside to avoid any issue of propriety or perceived conflict of interest. He indicated that the matter should be heard by a bench where such concerns do not arise.

    The Court further observed that the case would be reassigned to judges who are not in line to assume the office of Chief Justice in the future, thereby ensuring that the adjudication remains free from any apprehension of bias.

    The petitions challenge core aspects of the 2023 law, arguing that the revised selection mechanism disturbs the balance between institutions and may weaken the autonomy of the Election Commission. Following the recusal, the matter is expected to be placed before a newly constituted bench, which will examine the constitutional issues involved.

    Law Notify Team

    Team Law Notify

    Law Notify is an independent legal information platform working in the field of law science since 2018. It focuses on reporting court news, landmark judgments, and developments in laws, rules, and government notifications.
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