The Supreme Court has postponed the hearing on several petitions that contest the constitutional validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. This act notably removes the Chief Justice of India (CJI) from the selection panel responsible for appointing the Chief Election Commissioner (CEC) and other Election Commissioners.

A bench consisting of Justice Surya Kant and Justice Nongmeikapam Kotiswar Singh noted that the petitions could be scheduled for discussion next week, depending on the court’s calendar. Currently, the bench is engaged in a part-heard case before a three-judge panel set to convene on Thursday, May 15.

Justice Kant, while addressing Advocate Prashant Bhushan—who represents the NGO Association for Democratic Reforms (ADR)—expressed some concerns, stating, “We wish we could work 24 hours. After reading 50 files each night, how much energy is left to tackle this matter?” Bhushan had requested that the issue be discussed over two consecutive days (May 14 and 15).

The petitions, brought forth by ADR, Jaya Thakur (General Secretary of Madhya Pradesh Mahila Congress), Sanjay Narayanrao Meshram, and advocate Gopal Singh, challenge the exclusion of the CJI from the selection committee and question the legitimacy of Sections 7 and 8 of the 2023 Act.

Section 7 specifies that the CEC and other Election Commissioners are to be appointed by the President based on recommendations from a Selection Committee led by the Prime Minister, which includes the Leader of the Opposition in the Lok Sabha and a Union Cabinet Minister chosen by the Prime Minister.

Section 8 grants the Selection Committee the authority to establish its own procedures for the transparent selection of the CEC and Election Commissioners and allows the Committee to consider candidates not proposed by the Search Committee.

Petitioners argue that excluding the CJI from the selection process and replacing this role with a Prime Minister-nominated Union Cabinet Minister skews the appointment process in favor of the government, introducing potential partisan influences. They referenced the Supreme Court’s ruling on March 2, 2023, which stipulated that until Parliament enacts a law, the appointments of the CEC and ECs should be made by a committee that includes the Prime Minister, the Leader of the Opposition, and the CJI to ensure independence and impartiality.

The petitioners assert that the 2023 law undermines this judicial decision and threatens the integrity of the Election Commission. They emphasize that the exclusion of the CJI compromises the constitutional obligation for an independent Election Commission, which is crucial for guaranteeing free and fair elections—a fundamental aspect of the Constitution’s basic structure.

In 2023, the Supreme Court declined to put a hold on appointments made under the new Act but agreed to scrutinize its constitutional validity. Earlier, on January 12, 2024, a bench led by Justice Sanjiv Khanna (who later became Chief Justice and has since retired) issued a notice to the Central Government but refused to suspend the law’s implementation. Subsequently, on December 3, 2024, Chief Justice Khanna recused himself from hearing the challenge against the 2023 law.

In a strategic initiative aimed at promoting global recognition for India’s inaugural Dark Sky Reserve in Hanle, Ladakh, Chief Secretary Dr. Pawan Kotwal has directed the Indian Institute of Astrophysics (IIA) to develop a comprehensive plan for securing international accreditation as soon as possible.

During a review of the Hanle Dark Sky Reserve’s progress and future plans, Dr. Kotwal raised concerns about nighttime lighting in army camp areas and instructed relevant authorities to work with defense stakeholders to address the issue.

Professor Annapurni Subramaniam, Director of the IIA, provided an in-depth presentation on current initiatives associated with the Hanle Dark Sky Reserve project. She discussed significant advancements since its launch, including the distribution of telescopes to selected villagers in Hanle, training them as astro-tourism guides, conducting outreach programs to elevate awareness about astro-tourism, developing an astro-tourism curriculum, and revitalizing astronomy labs in schools throughout Ladakh.

Prof. Subramaniam reported that approximately 28,000 tourists visited Hanle last year, indicative of a growing interest in astro-tourism. She underscored the necessity of introducing astronomy training programs for school students across the region to further enhance public engagement and scientific literacy.

Dr. Kotwal urged the IIA to recommend the formal introduction of the astro-tourism course after the current vetting process. He also tasked the Institute of Hotel Management and the University of Ladakh with developing a phased and structured course that integrates hospitality and astronomy.

Emphasizing the importance of practical implementation, the Chief Secretary instructed the Department of Tourism to conduct an on-site review in Hanle to assess progress and provide necessary support. He highlighted the need to train local residents in operating the telescopes installed in various locations across Ladakh to increase community involvement in the initiative.

On Wednesday, the Congress Working Committee (CWC) reaffirmed its call for the government to convene a special session of Parliament and hold an all-party meeting, to be chaired by Prime Minister Narendra Modi. This meeting would specifically address the Pahalgam incident, Operation Sindoor, and the ceasefire agreement between India and Pakistan aimed at halting military operations on both fronts.

“The CWC reiterates the demands previously articulated by Congress President Shri Mallikarjun Kharge and Leader of the Opposition in the Lok Sabha Shri Rahul Gandhi. It is crucial for the government to engage the Opposition and the citizens of India during this national crisis,” stated a resolution passed by the CWC.

Emphasizing that “transparency, unity, and democratic dialogue are the foundations of strong governance,” the CWC, which convened for an urgent meeting, insisted that “the nation deserves answers, not evasion.”

The CWC expressed profound condolences to the families of soldiers, officers, and civilians lost in Poonch, underscoring the nation’s solidarity in mourning. “The Indian armed forces have consistently demonstrated valor in defending our nation’s sovereignty and integrity. The Congress Party reaffirms its unwavering support for our armed forces,” it stated.

The committee also strongly condemned the disparaging remarks made by a senior BJP Minister about a prominent woman Army officer, declaring such behavior as disgraceful and detrimental to the dignity of the armed forces and the principles of gender respect in the military. The CWC demanded the minister’s immediate resignation and called for strict legal action against the offending statements.

Highlighting the ongoing threat posed by the terrorists involved in the Pahalgam attack, the CWC demanded their swift capture and prosecution. “The government must clarify how such a security lapse occurred and why preventive measures were disregarded despite clear warnings. National security requires more than just public relations; it necessitates professional rigor, vigilance, and accountability.”

The resolution raised concerns about the abrupt cessation of India’s retaliatory actions against Pakistan, noting the lack of communication and clarity surrounding this decision. This has stirred speculation nationwide. The CWC also pointed to a controversial statement by US President Donald Trump, who claimed that a ceasefire was brokered through trade threats and pressure on India. “The Indian government’s silence on this issue is both inexplicable and unacceptable,” the resolution asserted.

It further stated, “Indian governments across party lines have traditionally maintained that Kashmir is a bilateral issue. Trump’s comments, unchallenged by the Modi Government, have internationalized a matter that should remain within bilateral contexts. This presents a concerning precedent of linking India with Pakistan, which undermines our national integrity and stature.”

The CWC condemned the ruling Bharatiya Janata Party (BJP) for attempting to politicize Operation Sindoor. The party affirmed, “Operation Sindoor was carried out by our defense forces; no political party can claim exclusive ownership of it, as the BJP is attempting to do.”