Supreme court declines stay on new law for CEC and EC appointment

The Supreme Court, on Friday, declined to stay the operation of a recently enacted law governing the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs). The law proposes the establishment of a panel for appointments, excluding the Chief Justice of India (CJI). The bench, comprising Justices Sanjiv Khanna and Dipankar Datta, issued notices to the Union government and expressed a willingness to examine the matter, but emphasized that a stay is not possible at this stage due to the statutory nature of the provision.

Congress leader Jaya Thakur, represented by senior advocate Vikas Singh, argued that the law infringes upon the separation of powers and urged for a stay before new appointments are made. Despite agreeing to examine the issue, the bench firmly stated that staying the operation of the law is not feasible at this point. The next hearing is scheduled for April.

Two other petitions by a group of lawyers also challenge the law's validity, asserting that it violates the Constitution by allegedly compromising the principles of free and fair elections, integral to the Constitution's basic structure. The new law outlines the formation of a search committee chaired by the Union law minister and two other individuals not below the rank of secretary for the appointment of CEC and ECs.