Supreme Court Declines to Stay Appointment of New Election Commissioners

The Supreme Court of India has declined to stay the appointment of two new election commissioners under the Chief Election Commission and Other Election Commissions (Appointment, Conditions of Service and Term of Office) Act, 2023. This law, notably, excludes the Chief Justice of India from the selection panel.

While refusing to stay the appointment, the apex court has agreed to examine a series of Public Interest Litigations (PILs) challenging the constitutional validity of the aforementioned Act. Justices Sanjiv Khanna, Dipankar Datta, and Augustine Masih, constituting the bench, expressed their reluctance to stay a law through an interim order, citing standard judicial practice.

Advocates Vikas Singh, Kapil Sibal, and Prashant Bhushan represented various parties in the PILs, including the Association for Democratic Reforms and Congress leader Jaya Thakur. Singh, appearing for Thakur, argued that the government’s swift appointment process, bypassing the Supreme Court’s directive to include the CJI in the selection panel, undermined the constitutional foundation.

Singh emphasized the crucial role of free and fair elections in upholding democracy’s integrity, pointing out instances where the Supreme Court had previously stayed legislation pending adjudication. However, Justice Khanna indicated that such stays are typically granted under exceptional circumstances.

The development underscores the judiciary’s willingness to scrutinize the constitutional validity of the Act while refraining from immediate intervention in the appointment process. As the legal proceedings unfold, the Supreme Court’s deliberation on this matter will be closely watched for its implications on the electoral framework and the role of the Chief Justice in the selection of election commissioners.