In a significant ruling on Friday, the Supreme Court chose not to issue a stay on the appointments of new election commissioners, a process outlined by a 2023 legislation that notably omits the inclusion of the Chief Justice of India from the selection committee. The decision comes amidst legal challenges against the new framework for appointing election commissioners, raising debates over the independence and integrity of the electoral body.
The bench, comprising Justices Sanjiv Khanna, Dipankar Datta, and Augustine George Masih, addressed the petitioners’ concerns regarding the advancement of the selection meeting for the election commissioners. They advised the petitioners to submit a separate application detailing this issue for consideration.
Highlighting the judiciary’s cautious approach towards interim interventions in legislative matters, the bench stated, “Normally and generally, we do not stay a law by way of an interim order.” This stance underscores the balance the judiciary seeks to maintain between respecting legislative processes and safeguarding constitutional principles.
The court has postponed the hearing on multiple petitions that contest the appointments of two election commissioners under the contested 2023 law. These appointments have sparked a legal and political discourse on the criteria and process of selecting key officials tasked with overseeing the nation’s electoral process.
Senior advocate Vikas Singh, representing petitioner Jaya Thakur, argued against the alleged overreach in the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. According to Singh, the act represents a “clear-cut transgression” from established norms and practices.
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The controversy stems from the recent appointments of former Indian Administrative Service (IAS) officers Gyanesh Kumar and Sukhbir Sandhu as election commissioners. Their selection was conducted by a committee led by Prime Minister Narendra Modi, a move that has drawn scrutiny from various quarters concerned with the autonomy of the Election Commission.
The appointments filled the vacancies left by the retirement of Anup Chandra Pandey and the abrupt resignation of Arun Goel, marking a pivotal moment in the ongoing debate over the future of India’s electoral governance.
