SC to hear on Nov 11 pleas against law removing CJI from Election Commissioners’ appointment panel
New Delhi: The Supreme Court will hear on November 11 a batch of petitions challenging the constitutionality of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which excludes the Chief Justice of India (CJI) from the panel responsible for appointing Election Commissioners.
The matter was listed before a bench comprising Justices Surya Kant and Joymalya Bagchi on Monday but could not be taken up due to lack of time. Advocate Prashant Bhushan, appearing for the petitioners, mentioned the matter, requesting that the Court allocate a few hours for hearing. Responding, Justice Kant said the case could be mentioned again on the morning of November 11 so that non-urgent matters could be adjourned for the day.
The bench had earlier agreed to hear the case before the appointment of Gyanesh Kumar as Chief Election Commissioner (CEC) following the retirement of Rajiv Kumar. Although it was initially scheduled for hearing in February, the matter was not taken up on the listed dates. Subsequently, Gyanesh Kumar’s appointment as CEC on February 17 prompted petitioners to urge for an early hearing, citing alleged violations of the Supreme Court’s Anoop Baranwal judgment.
The petitioners have argued that recent appointments were made in the same manner as before, contrary to the Court’s earlier ruling intended to safeguard the Election Commission’s independence. However, the Supreme Court had declined to stay the operation of the 2023 Act in March 2024.
The Chief Election Commissioner and Other Election Commissioners Act, 2023 was enacted by Parliament in December 2023, replacing the system prescribed by the Supreme Court’s March 2023 judgment, which mandated that ECs be appointed by a committee comprising the Prime Minister, the Leader of Opposition, and the Chief Justice of India. The new law instead provides for a selection committee consisting of the Prime Minister, a Union Cabinet Minister nominated by the Prime Minister, and the Leader of Opposition or the leader of the largest opposition party in the Lok Sabha.
The legislation has been challenged by Congress leader Dr. Jaya Thakur, the Association for Democratic Reforms (ADR), and other petitioners, who contend that removing the CJI from the panel undermines the independence and impartiality of the Election Commission.
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Siddaramaiah stresses need to establish Supreme Court bench in South India
Bengaluru (PTI): Karnataka Chief Minister Siddaramaiah on Saturday stressed the need to improve accessibility to the highest court of the land, asserting that establishing a Supreme Court bench in South India would go a long way in ensuring justice.
Speaking at the 22nd Biennial State Level Conference of Judicial Officers with a theme 'Reimagining the Judiciary in the era of Artificial Intelligence', he said, the authority of a judge must never be overshadowed by the authority of an algorithm.
"Even as we explore these new frontiers, we must remain mindful of the enduring challenges facing our judiciary," the chief minister said.
"Pendency of cases continues to be a serious concern that affects the timely delivery of justice. While technology can provide tools to address this, it must be complemented by systemic reforms through strengthening infrastructure, increasing judicial capacity, and modernising court processes," Siddaramaiah said.
"There is also a strong and compelling need to improve accessibility to the highest court of the land. The establishment of a Supreme Court bench in South India would go a long way in ensuring justice," he said.
Chief Justice of India, Surya Kant, Supreme Court Judges B V Nagarathna and Aravind Kumar and Chief Justice of High Court of Karnataka Vibhu Bakhru were among those present.
The CM said, "We stand today at a defining juncture where law and technology are no longer separate domains, but interconnected forces shaping governance, rights, and the very nature of justice itself."
"Artificial Intelligence is emerging as a transformative force that challenges how we interpret evidence, how we understand facts, and how decisions are arrived at. It offers immense promise, aiding faster legal research, improved case management, and the possibility of reducing pendency through intelligent systems," he said.
"Yet, it also raises profound concerns. Algorithmic bias can undermine the guarantee of equality before law. Opaque systems may weaken the doctrine of reasoned decisions, which lies at the heart of our judicial process," he added.
Siddaramaiah said, Judicial independence, which is the cornerstone of our democracy, must be preserved not only from external pressures but also from subtle technological dependence.
"The authority of a judge must never be overshadowed by the authority of an algorithm," he said.
Pointing out that the emergence of AI-generated evidence presents new challenges for our legal system, the CM said, Deepfakes, synthetic data, and machine-generated content compel us to revisit established doctrines relating to admissibility, burden of proof, and authenticity.
"The courts will increasingly be called upon to determine what constitutes reliable evidence in a digital age. In doing so, we must ensure that truth remains grounded in verifiability and integrity, not merely in technological sophistication," he said.
Hoping that the judiciary will play a defining role in shaping the regulatory framework for artificial intelligence in India, he further said, "through well-established constitutional doctrines such as due process, proportionality, and the right to privacy, our courts will determine the contours within which AI must operate."
"The judiciary, therefore, is not only a user of technology but also the ethical compass that will guide its deployment in society," he added.
Noting that technology also offers meaningful opportunities to strengthen judicial processes, Siddaramaiah said, AI-assisted legal research may democratise access to precedents and reduce disparities in legal knowledge.
Siddaramaiah also said that blockchain technology holds promise in ensuring secure, tamper-proof judicial records. Stating that the intelligent case management systems can streamline court functioning and reduce delays, he said, "However, these innovations must be adopted with care, ensuring that efficiency does not come at the cost of fairness."
"In this transformation, the capacity of our judicial institutions becomes critical. Judges of the future must be equipped not only with legal acumen but also with a clear understanding of technological systems," he added.
Stating that the question is how artificial intelligence intersects with the fundamental principles of equality and social justice, the CM said, if not carefully designed and regulated, AI systems can replicate and even amplify existing social inequalities.
No algorithm can replace the human capacity for empathy, the wisdom that comes from lived experience, or the moral reasoning that defines judicial decision-making, he said, "Technology can assist, but it cannot replace the human conscience that lies at the heart of justice."
Siddaramaiah said, the Government of Karnataka remains committed to building robust judicial infrastructure, facilitating digital transformation, and creating an ecosystem where innovation and justice can progress together.
