Can't put on hold election commissioners' appointments: Supreme Court
The Supreme Court on Thursday said it cannot put on hold the appointment of two new election commissioners (EC) at this stage, saying, "We will be creating chaos." The ruling came after a batch of petitions sought a stay on the appointments of the two election commissioners under the Chief Election Commissioner and Other Election Commissioners Act, 2023.
Why does this story matter?
After bureaucrats Sukhbir Singh Sandhu and Gyanesh Kumar were chosen to fill two vacant positions in the Election Commission of India (ECI) last week, multiple pleas were filed challenging the appointments. The pleas questioned the exclusion of the chief justice of India (CJI) from the panel responsible for selecting the chief election commissioner (CEC) and election commissioners.
It will lead to only chaos, uncertainty: Justice Sanjiv Khanna
Justice Sanjiv Khanna explained the court's decision, saying, "You cannot say that the Election Commission is under the thumb of the executive. At this stage we cannot stay the legislation and it will lead to only chaos and uncertainty." Khanna was referring to the general elections, which will begin from April 19. "The Election Commission has to be independent and fair," the court added.
No allegations against persons who have been appointed: Court
The court also told the petitioners that it cannot be assumed that the law adopted by the Centre is wrong. "There are no allegations against the persons who have been appointed...Balance of convenience is very important," the bench said. The Centre cited the same justification for defending the appointment of the new ECs by a panel led by Prime Minister Narendra Modi on Wednesday.
EC appointments first since the enactment of the new law
Bureaucrats Sandhu and Kumar were appointed as new ECs last week following the resignation of Arun Goel and the retirement of Anup Chandra Pandey in February. Their appointments are the first without the CJI on the high-level body responsible for selecting EC members since the new law was enacted. The removal of the CJI had raised concerns that the government can arbitrarily pick nominees.
