CJI Kant recused himself from hearing petitions challenging the validity of the CEC and Other ECs (Appointments, Conditions of Service and Tenure) Act, 2023, citing “conflict of interest”. He said he would submit the petition before the bench, which would not include any future CJI. The bench headed by CJI Kant included Justices Joymalya Bagchi and Vipul M Pancholi, both of whom will become CJI in the future. The stand of the CJI is that in future the CJI will not be the judge to hear the petition, which means the following judges will be excluded: Vikram Nath, BV Nagarathna, PS Narasimha, JB Pardiwala and KV Vishwanathan.On February 3 last year, the Supreme Court dismissed a plea seeking stay of election of CEC Rajiv Kumar, who was succeeded by Gyanesh Kumar on February 19, 2025.On March 2, 2023, in the Anup Balanwal case, a five-judge bench of the Supreme Court noted the existence of a “legislative vacuum” in the selection process of the Central Election Commission and the Election Commission and directed that a panel consisting of the Prime Minister, Leader of Opposition and the Central Commission will advise the President on the appointment of the Election Commission until the Parliament enacts a law for the purpose. The law takes effect on December 29, 2023, replacing the CJI with federal cabinet ministers selected by the prime minister.Prior to the enactment of the 2023 law, and for decades since the establishment of the EC in 1950, the appointment of the CEC and EC on the Commission has been the sole prerogative of the executive branch under Article 324(2) of the Constitution. According to the constitution, the appointment process of the Central Executive Committee and the Executive Council shall be subject to “the provisions of any law made by Parliament in this behalf”.From 1950 to 2023, no law was enacted regarding the appointment of CECs and ECs, and the resulting “vacuum” resulted in the SC ruling that appointments were to be made by a panel consisting of the Prime Minister, LoP and CJI until the law was enacted.The petitioners believe that the executive branch has a firm control over the entire electoral process, which casts doubt on the impartiality of the electoral commission and thus puts a question mark on the fairness of the election.KVK Sundaram remains the longest-serving CEC (December 20, 1958 to September 30, 1967), followed by the first CEC Sukumar Sen (March 21, 1950 to December 19, 1958). From 1950 to 2004, a period of 54 years, there were 12 CECs, but in the next 22 years, there were 13 CECs. Before October 1989, the EC was a single-member body composed of the CEC. Thereafter, it became a three-person agency.
