Election Commissioners Act: Supreme Court Says It Can't Stay Law Via Interim Order
The three-judge bench led by Justice Sanjiv Khanna has deferred the case to March 21.
The Supreme Court on Friday deferred hearing of pleas seeking a stay on the legislation that removes the Chief Justice of India from the selection panel appointing Election Commissioners, saying that it cannot stay the 2023 law through an interim order.
The petitions will now be heard in detail on March 21, which falls on the upcoming Thursday. The matter came before a three-judge bench led by Justice Sanjiv Khanna.
During the proceedings, it was brought to the court's attention that the meeting to appoint new Election Commissioners had been rescheduled, advancing it by a day.
In response to this submission, the bench made an observation that interim orders are not typically used to stay legislations.
What Has Happened So Far
In March 2023, the Supreme Court had ruled that the appointment of Chief Election Commissioners and ECs would be carried out by the President based on the advice of a committee comprising the Prime Minister, the leader of the Opposition in the Lok Sabha, and the Chief Justice of India.
This decision was reached by a five-judge Constitution Bench, led by Justice KM Joseph, in a unanimous verdict. The ruling stated that this practice would persist until Parliament formulated a law on the matter.
However, the aforementioned judgment has been overturned by Parliament with the passage of the Elections Commissioners Bill. Now, the panel selecting them includes the Prime Minister, the leader of the Opposition, and a Union Cabinet minister.
The President gave approval to the CEC and other ECs (Appointment, Conditions of Service and Term of Office) Bill, 2023, in late December. It was officially published in the gazette on December 28th.