CJI Recuses from Hearing on EC Appointments Law

PTI, NEW DELHI, MARCH 20, 2026 : Chief Justice of India Surya Kant on Friday recused himself from hearing a batch of petitions challenging the constitutional validity of a 2023 law that removed the CJI from a committee responsible for appointing the Chief Election Commissioner and the ECs to the poll panel.

"I will be accused of conflict of interest. There is a conflict of interest," the CJI, who was sitting alongside Justices Joymalya Bagchi and Vipul M. Pancholi, said at the outset.

The bench was hearing PILs challenging the validity of certain provisions of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, on the ground that it excluded the Chief Justice of India from the selection panel responsible for appointing the CEC and the ECs.

The CJI said it would be appropriate for the case to be heard by a bench where no judge is in line to become the Chief Justice. Advocate Prashant Bhushan, appearing for one of the petitioners, supported the CJI's view.

Bhushan suggested that the matter be placed before a bench without any prospective Chief Justice to avoid any perception of bias. "I personally don't have any problem, but it can be listed before a bench not having a prospective CJI," Bhushan said.

Accepting the suggestion, the CJI directed that the matter be listed before another bench on April 7 and indicated that the new bench would comprise judges who are not in line to assume the office of the CJI.