The Supreme Court bench, comprising Justices Sanjiv Khanna, Deepankar Datta, and Augustine George Masih, delivered this verdict today. Refusing to impose a stay on the appointments, the bench stated that since the election dates have already been announced, such a stay could lead to an atmosphere of disorder. The court declared its intention to examine the law regarding the appointment of election commissioners, but emphasized its current focus on interim relief due to the proximity of the elections.
Election Commissioner: ‘We Don’t Impose Stay on Laws via Interim Orders’
Justices Sanjiv Khanna, Deepankar Datta, and Augustine George Masih’s bench reiterated that they typically do not impose stays on laws through interim orders. Furthermore, they stated that there are no allegations against the newly appointed election commissioners, who were chosen after changes in the selection panel under the new law.
‘Balancing Convenience is Crucial’
Justice Sanjiv Khanna and Deepankar Datta’s bench emphasized the necessity of balancing convenience, stating that one cannot claim that the Election Commission is subordinate to the executive. They stressed the importance of maintaining balance, especially with elections approaching. It’s worth noting that the Chief Election Commissioner and other Election Commissioners (appointment, terms of service, and tenure of office) Bill, 2023, was passed by Parliament last year and later approved by the President.
Central Cabinet Minister in Place of CJI
A committee was formed for the appointments, which now includes a Central Cabinet Minister in place of India’s Chief Justice. Additionally, the committee comprises the Prime Minister, a Central Cabinet Minister, and leaders of the opposition. Meanwhile, Prashant Bhushan, counsel for the petitioner, hinted at procedural errors in the appointment process, noting that a vacancy for an election commissioner, who retired on February 14, was shown on March 9, with another vacancy appearing on the same day.”
