1. Supreme Court rejects suspension of Election Commissioners appointment law to avoid chaos.
2. Justice Sanjiv Khanna emphasizes the Election Commission’s independence from executive control.
3. Halting legislation would lead to disorder and uncertainty, states the Supreme Court.
New Delhi, March 21: During Thursday’s session, the Supreme Court dismissed requests to suspend the law governing the appointment of Election Commissioners, asserting that such a move would only sow chaos and uncertainty.
Justice Sanjiv Khanna, articulating the court’s stance, emphasized, “You cannot assert that the Election Commission is subservient to the executive. Halting the legislation now would create disorder and ambiguity.”
Additionally, the bench emphasized the necessity for an independent and impartial Election Commission.
The court’s stance emerged amidst arguments presented by Prashant Bhushan, representing the petitioners, who highlighted a perceived void in the appointment process, emphasizing the expectation of an independent selection panel by the constituent assembly, rather than one dominated by the executive.
Addressing the appointment of the newly appointed election commissioners, Gyanesh Kumar and Sukhbir Singh Sandhu, chosen under the amended selection panel, the court noted the absence of allegations against them.
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Earlier, on March 15, the court had declined to suspend the appointment of the new Election Commissioners under the 2023 law, which excludes the Chief Justice of India from the selection committee.
The vacancies arose following the retirement of Anup Chandra Pandey on February 14 and the sudden resignation of Arun Goel. Gyanesh Kumar and Sukhbir Singh Sandhu, retired IAS officers, filled these vacancies.
In a separate development, the Union Law Ministry defended the appointment of the two new Election Commissioners, arguing that the Election Commission’s independence does not hinge on the presence of a judicial member on the selection committee.
Responding to the petitioner’s assertion that the appointments were rushed to preempt the Supreme Court’s potential orders, the Ministry filed an affidavit refuting such claims.
This response was part of a broader set of pleas challenging the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Terms of Office) Act, 2023, including petitions from Congress leader Jaya Thakur and the Association for Democratic Reforms.
