NEW DELHI: The Supreme Court, on Friday (March 15), declined to issue a stay on the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act 2023 or make any rulings regarding the recent appointment of two new election commissioners by the BJP-led central government.
A bench comprising justices Sanjiv Khanna, Dipankar Datta and Augustine George Masih stated that interim orders cannot be used to suspend legislation.
However, the bench acknowledged that the central government must address the concerns raised in the plea regarding the exclusion of the chief justice of India (CJI) from the selection panel responsible for appointing the ECs.
“We do not suspend legislation through interim orders. However, this is a matter they need to address,” justice Khanna remarked.
The bench was responding to a challenge against the recently enacted law governing the appointment and service conditions of the chief election commissioner (CEC) and other election commissioners (ECs).
The law has been contested on the grounds that it contradicts the Supreme Court’s directive in the case of Anoop Baranwal vs Union of India and Others, which called for the involvement of the CJI in the appointment process.
While the Court had stipulated in the Anoop Baranwal judgment that the panel should consist of the Prime Minister, Leader of Opposition, and the CJI, the law designates a cabinet minister as the member instead of the CJI.
Congress leader Dr Jaya Thakur and others filed petitions before the Supreme Court challenging this law.
In January of this year, the Supreme Court requested responses from the central government and the election commission of India (ECI) regarding the matter.
However, it declined twice to suspend the law.
Meanwhile, election commissioner Arun Goel resigned recently, prompting the petitioners to seek an urgent hearing before the Supreme Court.
They also argued that the new law should not be utilized to fill vacancies.
Despite this, the selection panel convened and appointed former Indian Administrative Service (IAS) officers Sukhbir Singh Sandhu and Gyanesh Kumar as election commissioners on Thursday (March 14).
During the hearing on Friday (March 15), senior advocate Vikas Singh, representing Jaya Thakur, emphasized that an ordinance previously issued by the central government, which resembled the newly enacted legislation, had been suspended by the Court for contravening its judgment in Anoop Baranwal vs Union of India and Others.
He highlighted that according to the judgment, the Prime Minister, Leader of Opposition in Lok Sabha, and the CJI must be part of the selection committee for election commissioners until legislation was enacted.
“Even if they appointed someone as independent and credible as the CJI, it would be acceptable. However, appointing a cabinet minister is not in line with the judgment,” he added.
Nevertheless, the Supreme Court declined to suspend the law and scheduled the matter for further hearing on March 21.