SC refuses to stay law excluding CJI from panel to select CEC, ECs

The Supreme Court on Friday refused to stay the new law excluding the Chief Justice of India (CJI) from the panel to select the chief election commissioner (CEC) and election commissioners (ECs) and issued notice to the Centre.

A bench of Justices Sanjiv Khanna and Dipankar Datta agreed to hear Congress leaders Jaya Thakur and Sanjay Narayanrao Meshram 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. However, the top court refused to issue an immediate stay on the legislation.

The petition, filed under Article 32 of the Constitution, questioned the constitutionality of the Election Commissioners' Act, which was signed into law last December by President Droupadi Murmu following the parliament's winter session.

Through the Act, the Chief Justice of India was dropped from the committee to appoint the CEC and ECs.

Senior Advocate Vikas Singh, appearing for Thakur, argued that this Act was a violation of the doctrine of the separation of powers, which formed a basic structure of our Constitution.

The bench, however, refused to stay the Act. 'There will not be a stay. Please, we can't stay a statute like this,' Justice Khanna said.

The matter will now be heard in April.