Tue Dec 03 11:06:30 UTC 2024: ## Chief Justice Recuses Himself from Hearing on Election Commissioner Appointment Law

**NEW DELHI** – Chief Justice of India Sanjiv Khanna has recused himself from hearing petitions challenging a controversial law that alters the composition of the panel appointing India’s Chief Election Commissioner and Election Commissioners. The petitions, which question the removal of the Chief Justice of India from the selection panel, will now be heard by a different bench, beginning January 6th.

The law, passed last year, replaced the Chief Justice of India on the three-member selection panel (originally comprising the Prime Minister, Leader of the Opposition, and CJI) with a Union Minister nominated by the Prime Minister. This change, implemented despite opposition protests and concerns about potential conflicts of interest, followed the resignations of two Election Commissioners, leaving only the Chief Election Commissioner in place before crucial elections.

Chief Justice Khanna, who served as a Supreme Court Justice at the time the initial petitions were filed, had previously participated in the preliminary hearing. His recusal stems from his recent appointment as Chief Justice.

The opposition parties, including the Congress, and civil society groups such as the Association for Democratic Reforms, have vehemently opposed the amendment, arguing that the inclusion of the Chief Justice was crucial to maintain the Election Commission’s independence from political influence. The government, however, defended the law, asserting that it was not politically motivated and that individuals in high office are presumed to act impartially. Despite the ongoing legal challenge, the government proceeded to appoint replacements for the resigned Election Commissioners. The case continues to spark debate about the independence of India’s electoral body.

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