Big boost to Centre: Supreme Court upholds EC appointments, says won't stay new law

The Supreme Court (SC) on Thursday refused to put on hold the new law on the appointment of Election Commissioners. The apex court said it cannot do so at this stage, when the Lok Sabha polls are approaching.

"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 bench said while hearing a batch of pleas seeking a stay on the new law.

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

The court also noted that there are no allegations against the newly appointed election commissioners - Gyanesh Kumar and Sukhbir Singh Sandhu - who were picked after changes were made to the selection panel under the new law.

The bench said nowhere in the constitution bench judgment is it said who should be members of the selection committee. 

Earlier this month, a plea was filed by Congress leader Jaya Thakur in the top court seeking to restrain the Centre from appointing new election commissioners. 

Thakur challenged the provisions of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and terms of office) Act, 2023.

According to the new law, “Chief Election Commissioner and other Election Commissioners shall be appointed by the President on the recommendation of a Selection Committee consisting of — (a) the Prime Minister — Chairperson; (b) the Leader of Opposition in the House of the People — Member; (c) a Union Cabinet Minister to be nominated by the Prime Minister — Member.” 

The opposition has accused the Modi government of having defied the apex court by dropping the CJI from the selection panel. In its March 2023 order, the SC had said the prime minister, the Leader of the Opposition in the Lok Sabha, and the CJI would pick the CEC and the ECs.

However, Union Minister Amit Shah recently said that the top court asked the Centre to make a law for the appointment of election commissioners. Till that time, the CJI will be part of the selection committee. He said the SC did not say the CJI should be part of the panel.