Supreme Court Declines Interim Stay on Election Commissioners' Appointment Law

In a significant development, the Supreme Court has declined to issue an interim stay on the new law governing the appointment of Election Commissioners, emphasizing that "constitutional validity matters are never infructuous." The Court, headed by Justices Sanjiv Khanna and Dipankar Datta, issued notice to the Central government on a public interest litigation (PIL) filed by the Association for Democratic Reforms (ADR).

ADR's counsel, Advocate Prashant Bhushan, argued for a stay, citing the imminent retirement of one of the Election Commissioners and the upcoming Lok Sabha elections. However, Justice Khanna maintained that an interim stay could not be issued at this stage. The PIL challenges the law that grants executive primacy in appointing Election Commissioners, titled the Chief Election Commissioner (CEC) and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

Last month, the Court issued notice on a similar petition filed by Congress leader Dr Jaya Thakur, challenging the constitutional validity of the law. The law allows the appointment of CEC and Election Commissioners by a Selection Committee comprising the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition in Lok Sabha. Thakur's plea contends that the law violates the principle of free and fair elections by lacking an "independent mechanism" for appointing ECI members.

The Court today combined ADR's PIL with Thakur's petition, adjourning the case till April. The development highlights the Court's stance on not issuing interim stays in constitutional validity matters, underscoring the significance of the ongoing legal challenge to the new Election Commissioners' appointment law.

Author: Anushka Taraniya

News Writer, MIT ADT University