Supreme Court Declines Interim Stay on Election Commissioner Appointment Process, Next Hearing Scheduled for August

New Delhi- In a recent judicial development, the Supreme Court of India has opted not to stay the Chief Election Commissioner and Other Election Commissioners Act, 2023, which excludes the Chief Justice of India from the selection panel appointing election commissioners.

This decision of the Supreme Court came on Thursday, after hearing the arguments of various petitioners including Congress leader Jaya Thakur and the Association for Democratic Reforms.

The bench was not inclined to stay the application of the law at this stage and, therefore, posted the case for a detailed hearing in August.

The apex court also directed the Union government to furnish its response to the main pleas, which challenge the law on constitutional grounds, within six weeks.

During a hearing on Thursday, presided over by Justices Sanjiv Khanna and Dipankar Datta, several writ petitions challenging the constitutionality of various provisions of the Act were presented. Notably, petitioners including Congress leader Jaya Thakur and the Association for Democratic Reforms questioned the legitimacy of the amendments, particularly the exclusion of the Chief Justice of India from the selection panel.

Senior Advocate Vikas Singh, representing one of the petitioners, invoked the precedent set by the Anoop Baranwal ruling, stressing the crucial role of the Chief Justice in such appointments. The Act replaces this role with a Union Cabinet Minister nominated by the Prime Minister, raising concerns about potential executive influence in the process.

Advocate Prashant Bhushan, representing the Association for Democratic Reforms, expressed concerns about the hurried manner in which candidates were shortlisted and meetings were conducted by the selection committee. However, Justice Khanna questioned the grounds for challenging the Act, noting the absence of allegations against the appointed election commissioners.

Senior Advocate Gopal Sankaranarayanan and others echoed similar concerns, emphasizing the risk of executive interference in appointing election commissioners and thereby undermining the electoral process.

Despite these arguments, the bench chose not to issue an immediate stay on the legislation but issued a notice on a plea made by Senior Advocate Sanjay Parikh, calling for a response from the other side. The bench assured the petitioners that their arguments would be duly examined but refrained from suspending the legislation at this preliminary stage.

Solicitor General Tushar Mehta defended the selection process, stating that it commenced promptly in February following the Act's implementation. However, the bench criticized the rushed procedure and lack of transparency in the selection committee's actions.

The Election Commissioners' Act, which supersedes the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act of 1991, has faced significant criticism for potentially compromising the autonomy of the election commission. Legal challenges surrounding this enactment have brought to light concerns regarding executive overreach and institutional integrity.

President Droupadi Murmu has recently appointed former IAS Officers Gyanesh Kumar and Sukhbir Singh Sandhu as members of the Election Commission, following their nomination by a committee consisting of Prime Minister Narendra Modi, Home Minister Amit Shah, and Leader of the Opposition Adhir Ranjan Chowdhury.

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