Supreme Court Dismisses Pleas Challenging Appointment of Election Commissioners, Cites Risk of Constitutional Breakdown

In a crucial verdict, the Supreme Court has rejected petitions challenging the appointment of election commissioners under a 2023 law, warning that interfering with the selection process could lead to chaos and a virtual constitutional breakdown. A bench comprising Justices Sanjiv Khanna and Dipankar Datta dismissed the pleas against the appointment of Gyanesh Kumar and Sukhbir Singh Sandhu as election commissioners, emphasizing the need to uphold the sanctity of the electoral process ahead of the 18th general election for the Lok Sabha.

The court expressed concerns about the selection procedure for election commissioners, calling for full disclosure of candidate details and a fair deliberation among the selection panel members. However, it refrained from passing interim orders or directions, noting the urgency of maintaining the election schedule and avoiding disruptions that could arise from judicial intervention.

Highlighting the importance of maintaining a balance and check within the Election Commission, the court underscored the necessity of plurality in the appointment of election commissioners, as enshrined in Article 324 of the Constitution. It emphasized that the presence of two more ECs would enhance balance and efficiency within the Commission.

The bench clarified that its observations in the order were tentative and subject to the ongoing legal proceedings. It reiterated the principle of judicial restraint in matters involving the constitutionality of laws, emphasizing that suspension of legislation pending consideration is an exception rather than the rule.

Referring to a 2023 verdict of the top court regarding appointments of the chief election commissioner and ECs, the bench noted that the court had intervened in the absence of any legislation on the matter. It emphasized that courts do not suspend statutory provisions unless eminently necessary to address a crisis situation and maintain public order.

The court dismissed requests for fresh selection of election commissioners with the Chief Justice of India as a member of the selection committee, stating that such action would be impermissible without declaring the relevant provisions of the 2023 law unconstitutional.

The order was delivered on a batch of petitions, including those filed by Congress leader Jaya Thakur and NGO Association for Democratic Reforms (ADR), challenging the validity of the 2023 law and seeking a stay on the appointment of new ECs.

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