Supreme Court rejects suspension of Election Commissioners Act, 2023

The Supreme Court on Thursday said it cannot put on hold, the controversial Chief Election Commissioner and Other Election Commissioners Act, 2023, saying it would only lead to chaos. The court's observation came as a bench comprising Justices Sanjiv Khanna and Dipankar Datta heard writ petitions challenging the constitutionality of various provisions of the Act.

On March 15, the court refused to stay the appointment of new Election Commissioners (ECs) under the 2023 law, that excludes the Chief Justice of India from the selection committee.

Spelling out the court's order, Justice Sanjiv Khanna today said, "You cannot say that the Election Commission is under the thumb of the executive. At this stage, we cannot stay the legislation, and it will lead to only chaos and uncertainty."

"The Election Commission has to be independent and fair." the bench said.

"Normally and generally, we do not stay a law by way of an interim order," it added.

The petitions in the case were filed by Congress leader Jaya Thakur, the Association for Democratic Reforms, and others, questioning the legitimacy of the Act's amendments, particularly the exclusion of the Chief Justice of India from the selection panel.

Advocate Prashant Bhushan, representing the Association for Democratic Reforms, referred to the sequence of events leading up to the selection committee's meeting and the filing of applications, seeking a stay on the Act.

He also highlighted the shortlisting of candidates and the hurried process leading to the second meeting of the search committee. He raised concerns about the timing of the committee's meeting, stating that it seemed designed to make the petitioners' application infructuous.

In response, Justice Khanna questioned Bhushan on the grounds for challenging the Act, emphasising the balance of convenience and the absence of allegations against the appointed election commissioners.

"Now they have been appointed, elections are on the corner... it is a question of balance of convenience. There are no allegations against persons appointed," Justice Khanna said.

While the bench assured the petitioners that their arguments would be examined, it refrained from suspending the legislation at this stage.

The court had deferred till March 21, the hearing on a batch of pleas challenging the appointments of the two Election Commissioners under the 2023 law.

The two vacancies had arisen after the retirement of Anup Chandra Pandey on February 14 and the sudden resignation of Arun Goel. Retired IAS officers Gyanesh Kumar and Sukhbir Singh Sandhu were appointed in their place.

In December last year, both Houses of the Parliament approved the Election Commissioners' Act, replacing the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, introducing key changes to the appointment, salary, and removal procedures for top election officials.