Supreme Court Declines Interim Stay on Exclusion of Chief Justice in Selection Panel for Election Commissioners

A two-judge bench, led by Justice Sanjiv Khanna, issued a notice on the petition filed by Congress leaders Jaya Thakur and Sanjay Narayanrao Meshram

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In a recent development, the Supreme Court has rejected a plea for an interim stay on the newly enacted law that excludes the Chief Justice of India (CJI) from the panel responsible for selecting the Chief Election Commissioner (CEC) and election commissioners (ECs).

A two-judge bench, led by Justice Sanjiv Khanna, issued a notice on the petition filed by Congress leaders Jaya Thakur and Sanjay Narayanrao Meshram but declined the request for an interim stay.

Senior Advocate Vikas Singh, representing the petitioners, argued before the bench, asserting that the new law violates the concept of separation of powers. Singh referred to a Constitution bench ruling on March 2, 2023, which had directed the appointment of the CEC and ECs through a committee comprising the Prime Minister, Leader of Opposition in the Lok Sabha, and the Chief Justice of India. In cases where there is no Leader of Opposition, the committee was to include the leader of the largest Opposition party in the Lok Sabha in terms of numerical strength.

According to Article 324(2) of the Constitution, the President, with the aid and advice of the Council of Ministers, is responsible for appointing the CEC and ECs until Parliament enacts a law specifying the criteria for selection and conditions of service and tenure.

In response to this constitutional provision, the government introduced The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which excludes the CJI from the selection panel.

Thakur and Meshram challenged this new law in the Supreme Court, arguing that it lacks an “independent mechanism” for appointing members of the Election Commission of India, thus violating the principle of free and fair elections.

The petitioners further contended that the new law contradicts a 2023 Supreme Court five-judge bench ruling that restricted the government’s authority to appoint CEC and ECs. They asserted that the legislation undermines the Supreme Court’s previous judgment by excluding the CJI from the selection process. The plea emphasized that the Supreme Court has previously held that its issued “mandamus cannot be overruled by the legislature,” and the separation of powers is a fundamental aspect of the Constitution’s basic structure.

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