Congress Moves SC To Restrain Centre From Appointing New Election Commissioners

Earlier, the top court refused an immediate stay on the new law for appointing the election commissioners. In the new law, the Chief Justice of India was dropped from selection panel

Thakur moved a writ petition under Article 32 of the Constitution questioning the constitutionality of the election commissioners' act ( Image Source :PTI )

Congress leader Dr. Jaya Thakur on Monday filed an application in the Supreme Court to stop Centre from appointing a new election commissioner in the wake of the Election Commissioner Arun Goel's resignation.

Earlier, the top court refused an immidiate stay on the new law by Centre for appointing the election commissioners. In the new law, the Chief Justice of India was dropped from the panel that appoints the chief election commissioner (CEC) and other election commissioners. The Congress leader has challenged the omission of CJI from selection panel.

On January 12, the top court agreed to hear Congress leader Jaya Thakur's plea challenging the constitutionality of Sections 7 and 8 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. 

A bench of Justices Sanjiv Khanna and Dipankar Datta  heard the case and refused to stay the law while the challenges to it were being heard.

Thakur moved a writ petition under Article 32 of the Constitution questioning the constitutionality of the election commissioners' act, which was signed into law last December by President Droupadi Murmu following the parliament's winter session. 

Thakur had contended that this new law was a violation of the doctrine of the separation of powers, which is a part of the basic structure of the Constitution.