On March 20, Chief Justice of India Surya Kant stepped away from hearing a batch of petitions challenging the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The legislation replaced the Chief Justice of India with a Union Minister, on the selection panel for appointing the Chief Election Commissioner and other Election Commissioners, superseding the Supreme Court’s 2023 interim arrangement. “I will be accused of conflict of interest,” the CJI remarked before directing that the case be listed on April 7 before a bench comprising judges not in the line of succession to the office of the Chief Justice. While the order directs the Registry to list the case before a Bench to be earmarked separately by the Chief Justice of India, his oral remarks while hearing the case, Dr. Jaya Thakur v. Union of India (2024), raises questions that will linger long after the Bench is constituted. CJI Surya Kant is the second CJI to recuse from hearing the case. Earlier, CJI Sanjiv Khanna recused …