SC Refuses To Stay New Law For Appointment of CEC, ECs By Panel Excluding CJI; Issues Notice to Centre

Senior Advocate Vikas Singh appearing for Congress leader Jaya Thakur appealed to the divisional bench to stay on the law as it was against the principle of separation of powers.

A bench comprising Justices Sanjiv Khanna and Dipankar Datta has issued notice to Centre seeking response to the petitions challenging the new law.

The Supreme Court on Friday agreed to examine the challenges to the new law that excludes the Chief Justice of India from the panel that will appoint the chief election commissioner (CEC) and election commissioners (ECs). However, it refused to stay the said law.

 

A bench comprising Justices Sanjiv Khanna and Dipankar Datta has issued notice to Centre seeking response to the petitions challenging the new law. The Centre has to file its response by April 2024.

 

Senior Advocate Vikas Singh appearing for Congress leader Jaya Thakur appealed to the divisional bench to stay on the law as it was against the principle of separation of powers, the PTI reported.

 

The bench however asked Singh, to serve a copy of the petition to the Centre's counsel and directed the Centre to file its response. 

 

Justice Khanna said that the stay would not be possible and asked Singh to serve a copy of petition to Centre.

 

According to the new CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023, the CEC and ECs shall be appointed by a panel comprising the President on the recommendation of a Selection Committee consisting of the Prime Minister (chairperson), the Leader of Opposition in the House of the People, a Union Cabinet Minister to be nominated by the Prime Minister.

 

In March last year, the apex court held that the appointment of CEC and ECs shall be done by the President on the advice of a panel comprising the Prime Minister, Leader of Opposition (LoP) and the Chief Justice of India. However, the court had clarified that its guidelines shall be in effect until Parliament makes a law under the with Article 324(2) of the Constitution.

The opposition has accused the Modi government of defying the top court's order by dropping the CJI from the selection panel.