Supreme Court Declines to Stay Law on Election Commissioners’ Appointment Ahead of Elections

The Supreme Court has declined to stay the law regarding the appointment of election commissioners, citing the potential for chaos before the elections. This decision follows recent petitions challenging the appointments of new election commissioners under a 2023 law that altered the selection panel, excluding the chief justice of India.

A bench comprising justices Sanjiv Khanna, Dipankar Datta, and Augustine George Masih refused to grant interim relief, urging petitioners to file separate applications to address specific concerns. Emphasizing the independence of the election commission from the executive, the apex court declined to stay the operation of the Chief Election Commissioner and other Election Commissioners Act, 2023.

The court will examine the main petitions challenging the law and has directed the Centre to respond within six weeks, scheduling further hearings for August 5. Justices Khanna and Datta stressed that staying legislation at this stage could create chaos and uncertainty, especially since there were no allegations against the new election commissioners.

While acknowledging the importance of independent and fair election commissioners, the bench highlighted the historical context of their appointments and the transition to a legislative framework. Notably, the 2023 verdict of the constitution bench did not mandate judiciary representation in the selection panel, but aimed to prompt Parliament to enact suitable legislation.

During the proceedings, the court questioned the Centre’s procedure for appointing the new election commissioners, suggesting that the selection committee should have had more time to evaluate candidates. The recent appointments of retired IAS officers Gyanesh Kumar and Sukhbir Singh Sandhu were made just ahead of the upcoming Lok Sabha polls, commencing on April 19.

The Supreme Court’s decision reflects a delicate balance between ensuring the integrity of election processes and respecting legislative prerogatives, underscoring the need for thorough scrutiny and adherence to established procedures in such critical appointments.

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