The Supreme Court has declined to grant a stay on the law pertaining to the appointment of Election Commissioners, expressing concerns that doing so close to the Lok Sabha elections would result in chaos.
During a hearing on Thursday, the court emphasised the need for the Election Commission to maintain its independence and fairness.
Justice Sanjiv Khanna, while delivering the court's order, emphasised that halting the legislation at this stage would create uncertainty and disorder. He underscored the importance of the Election Commission functioning independently from the executive.
The bench highlighted that there are no allegations against the newly appointed election commissioners, Gyanesh Kumar and Sukhbir Singh Sandhu, who were selected following modifications to the selection panel under the new law.
Prashant Bhushan, representing the petitioners, argued that there was a void in the selection process, as the constituent assembly envisioned an independent panel to fill the positions, not one dominated by the executive.
In a related development, the Centre defended the appointment of the new election commissioners in the Supreme Court, asserting that the independence of the Election Commission does not hinge upon the presence of a judicial member on the selection committee.
The Union Law Ministry, in an affidavit submitted to the court, refuted claims that the appointments were rushed to preempt court orders. The affidavit was filed in response to several pleas challenging the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Terms of Office) Act, 2023.
The court's decision not to stay the law underscores the importance of maintaining stability and continuity in the election process, especially with the upcoming Lok Sabha elections on the horizon. However, it remains to be seen how this development will impact the functioning of the Election Commission and the electoral process as a whole.
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