A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan said, "It will be the opinion of the court under Article 141 versus legislative power to enact law. We will hear it on February 4."During the hearing, advocate Prashant Bhushan, representing the petitioner, informed the bench that incumbent CEC Rajiv Kumar was set to superannuate on February 18, and a new CEC would be appointed under the new law, if the court didn't intervene.Bhushan said the top court in its March 2, 2023 verdict set up a panel comprising the Prime Minister, Leader of Opposition (LoP) and the CJI to appoint the CEC and ECs. "However, under the new law, the selection committee will comprise the Prime Minister, a Union cabinet minister, the LoP or the leader of the largest opposition party in Lok Sabha. They have removed CJI from the selection committee," Bhushan submitted.The new law, the Election Commissioner's Act, was passed in December 2023, in which the CJI was dropped from a committee to appoint the CEC and ECs. Bhushan said that by removing the CJI from the panel, the executive has acquired control over the appointment of ECs, which is a "threat to electoral democracy".While posting the hearing on February 4, the Supreme Court said it would see whose views had supremacy.

Court's opinion vs legislative power: SC to hear pleas on selection of CEC

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