- A bench was hearing petitions on the non-inclusion of the Chief Justice of India in the selection panel
- "Should I hear this? Perhaps somebody will accuse me of having a conflict of interest," the Chief Justice said
- The matter will be listed before another bench on April 7
Chief Justice Surya Kant recused himself from hearing a petition challenging the appointment of the Chief Election Commissioner and Election Commissioners under a 2023 law, stating that there could be a conflict of interest.
In March 2023, the Supreme Court had ruled that the CEC and ECs should be selected by a panel comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha and the Chief Justice of India. Later that same year, the Centre brought in a law under which the panel would not include the Chief Justice of India, replacing him with a Union Cabinet minister nominated by the Prime Minister.
A batch of petitions challenging the appointments under the new law on the grounds that it excludes the Chief Justice of India and gives the government an upper hand in the selection process was supposed to be heard by a bench of Chief Justice Kant and Justices Joymalya Bagchi and Vipul M Pancholi on Friday.
When the hearing began, Chief Justice Kant asked, "Should I hear this matter? Perhaps somebody will accuse me of having a conflict of interest."
Advocate Prashant Bhushan, appearing for a petitioner, said no one would make such an accusation, but suggested that it would be better if Chief Justice Kant did not hear the matter.
The Chief Justice then said the petitions would be listed before a bench in which there would be no judge who is in line to become the Chief Justice of India.
Bhushan agreed with the Chief Justice, saying "I had this in mind. So it can be listed before a bench not having a prospective Chief Justice of India."
The Chief Justice assured that the matter would be listed before another bench on April 7.
