The Supreme Court on Wednesday clarified that the Chief Justice of India's role in appointing the Chief Election Commissioner and Election Commissioners was meant to be temporary until Parliament enacted a law on the matter. This interpretation was given while hearing multiple petitions challenging the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act of 2023.

Petitioners, including the Association for Democratic Reforms and activist Jaya Thakur, argued the 2023 law gives the Political Executive dominant control over appointments, replacing the CJI with a Union Cabinet Minister in the selection committee. The current CEC, Gyanesh Kumar, was the first appointed under this new framework.

Senior advocates for the petitioners contended that the Constitution framers and Supreme Court never intended Election Commission appointments to be under exclusive executive control. They cited the March 2023 Constitution Bench judgment that required appointments to be made by a committee comprising the Prime Minister, Leader of Opposition, and CJI to ensure institutional independence.

Justice Dipankar Datta questioned whether Parliament lacked power to make the law or if the court could direct legislative action in a specific manner. The court had previously ruled that its judgment would remain operative until Parliament enacted legislation in consonance with Article 324(2) of the Constitution.

Arguments in the case will continue on Thursday, with petitioners challenging not just the replacement of CJI but the broader constitutionality of reverting appointment control to the Executive.