Supreme Court denies injunction against new law on Chief Election Commissioner appointments; issues notice:In a landmark decision, the Supreme Court of India dismissed a plea on Tuesday that sought to halt the implementation of a new law governing the appointment of the Chief Election Commissioner and Election Commissioners. The law, which establishes a panel for appointments without the Chief Justice of India, faced legal scrutiny.
The bench, consisting of Justice Sanjeev Khanna and Justice Deepankar Datta, issued a notice to the Centre in response to a petition filed by the NGO Association for Democratic Reforms. This case has been scheduled for hearing in April, along with other pending petitions.
Constitutional Validity Under Scrutiny
The petition challenges the constitutional validity of the Chief Election Commissioner and Other Election Commissioners (Conditions of Service and Tenure) Act, 2023. This legislation proposes the formation of a panel responsible for recommending the appointment of the Chief Election Commissioner and other Election Commissioners, notably excluding the Chief Justice of India.
Contradicting a Previous Supreme Court Ruling
Senior advocate Prashant Bhushan, representing the petitioner, argued that the new law contradicts a prior Supreme Court ruling. The earlier decision mandated the inclusion of the Chief Justice of India in the panel responsible for appointing the Chief Election Commissioner and Election Commissioners.
Bhushan further contended that two Election Commissioners are nearing retirement, and if the law is not stayed, the petition could lose its relevance.
No Interim Relief Granted
The bench responded, stating, “We are sorry, we can’t grant you interim relief in this matter. The case challenging constitutional validity is never rendered infructuous. We know our parameters for granting interim relief.” The court emphasized its inability to provide interim relief in this matter due to its constitutional nature, affirming that the case will be heard based on its own merits.
Appointment Committee Composition
According to the new law, the appointment of the Chief Election Commissioner and other Election Commissioners will be recommended by a selection committee chaired by the Prime Minister. The committee will include the Chief Minister (or equivalent) as the head of the opposition party and a nominated Cabinet Minister.
The Supreme Court’s decision not to impose a stay on the law sets the stage for a comprehensive hearing in April, delving into the constitutional intricacies of the Chief Election Commissioner’s appointment process.
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