Time and timing

• The appointment of Chief Election Commissioner (CEC) and Election Commissioners (EC) has been a contentious issue, with the government continuing with the process laid down in its December 2023 law.

• The Supreme Court has deferred the hearing to February 19 to address the implications of the interregnum.

• The panel elevated Gyanesh Kumar as the CEC and inducted Vivek Joshi as the third member, following the retirement of CEC Rajiv Kumar.

• The question arises whether the Act of 2023 contradicts a 2022 Constitution Bench verdict that established a committee to select the ECI.

• The government argues that the Court’s panel was an ad hoc measure until Parliament introduced its own law.

• The petitioners argue that the appointment process should be independent from executive interference.

• The government’s appointments during court hearings have become a fait accompli, with the court declining to interfere in time.

• The court needs to adjudicate whether the law’s procedure falls short of the level of independence envisaged in the Constitution Bench verdict for ECI members.