'Somebody Will Accuse Me Of Conflict Of Interest': CJI Recuses From Election Commissioner Appointments Case

New Delhi: Chief Justice of India Surya Kant on Friday recused himself from hearing a batch of pleas challenging the appointments of the Chief Election Commissioner (CEC) and Election Commissioners (EC) under the 2023 law, saying, "Somebody will accuse me of conflict of interest."

The matter came before a bench comprising the CJI and Justices Joymalya Bagchi and Vipul M Pancholi. During the hearing, the CJI asked advocate Prashant Bhushan, representing one of the petitioners, if he should hear this matter? Bhushan said, "I was thinking about the same question."

"Somebody will accuse me of conflict of interest," the CJI observed orally. Bhushan said, “Nobody will accuse your lordship but I still feel…”. CJI replied you may not.

"But it would be better if your lordship does not hear the matter. Probably, in my view, it would be best if it were sent to a bench that does not have a prospective chief justice," said Bhushan.

CJI said this exactly in the night I thought and added, "Now, I should mark this matter to a bench where the honourable judge may not be in line to become chief justice. Then, nobody can say anything. I have already done my homework," said the CJI.

Bhushan pressed that this matter needs urgent hearing. The CJI said the matter could be listed either on April 6 or April 7. Bhushan argued that the hearing would not take much time because, in his view, it is covered by several judgments of this court and is a pure question of law. After hearing brief submissions, the bench said the matter would be listed for hearing on April 7.

Earlier, Bhushan had argued that the top court in its March 2023 verdict had set up a panel comprising the Prime Minister, the Leader of Opposition, and the CJI to appoint the CEC and ECs.

In December 2023, the Centre enacted The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. It was argued that the new law replaced the Chief Justice of India with a minister on the selection panel for the Chief Election Commissioner (CEC) and Election Commissioners (ECs), which directly conflicted with a judgment delivered by the apex court.