The top court had on February 13 refused to stay the newly-enacted law

The Supreme Court on Wednesday agreed to take up on March 15 petitions challenging the newly enacted law on appointment of the Chief Election Commissioner and Election Commissioners in which the CJI has been replaced by a Union Cabinet Minister to be nominated by the Prime Minister in the three-member selection panel.

"We just got a message from the Chief Justice of India...The matter is listed for Friday," a Bench led by Justice Khanna told advocate Prashant Bhushan after he mentioned the petition filed by Association for Democratic Reforms for urgent listing.

The issue assumes significance in the wake of recent resignation of Election Commissioner Arun Goel, rendering the EC to be a one-man body led by CEC Rajiv Kumar.

Steps are afoot to appoint two Election Commissioners and a fresh petition has also been filed seeking to restrain the government from appointing ECs under the new law.

The top court had on February 13 refused to stay the newly-enacted law on appointment of the Chief Election Commissioner and Election Commissioners.

The Bench had, however, issued notice to the Centre on ADR’s PIL challenging the validity of the Chief Election Commissioner and the other Election Commissioners (Appointment, Condition of Service and Term of Office) Act, 2023, notified in the official gazette on December 28, 2023.

The ADR contended that the law was contrary to the Constitution Bench verdict which directed the inclusion of the CJI in the three-member selection panel to pick the CEC and ECs.

In January, the Bench had issued notice to the Centre on another PIL filed by Madhya Pradesh Congress leader Jaya Thakur challenging the law on the grounds that it gave sweeping powers to the Centre by dropping the CJI from the three-member selection panel. Besides Thakur, Gopal Singh, an advocate, had also challenged the validity of the law.

Ending the 73-year-old system of the government appointing the Chief Election Commissioner and Election Commissioners, the Supreme Court had on March 2 last year ordered creation of a three-member panel comprising the Prime Minister, Leader of Opposition in the Lok Sabha or leader of largest opposition party and the CJI to select them. In a unanimous verdict, a five-judge Constitution Bench led by Justice KM Joseph (since retired) had, however, said, “This norm will continue to hold good till a law is made by Parliament.”