The law excludes the CJI from the selection panel, a move that petitioners claim undermines the independence of the Election Commission of India.
"I will have to decide if I will be a member of the panel," remarked Justice Khanna, explaining his decision to step back from the case to avoid a conflict of interest, as the outcome directly impacts his own potential role. The case will now be heard by a different bench in January 2025.
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, enacted in December 2023, introduced a new framework for appointing the CEC and ECs.
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