The Supreme Court on Friday refused to stay the new law on the appointment of Chief Election Commissioner (CEC) and Election Commissioner (ECs) by a panel of members which does not include Chief Justice of India (CJI).A bench of Justices Sanjiv Khanna and Dipankar Datta issued notice to the Centre and sought the response in April. Senior advocate Vikas Singh, appearing for petitioner, requested the bench to stay the Act saying, This is against the very concept of separation of powers.The bench, however, refused to stay the operation of the Act and said, Stay will not be there. We cant stay a statute like this. Notice we will issue.What followed the decisionIn December 2023, the central government passed a law which changed the way the Chief Election Commissioner (CEC) and Election Commissioners (ECs) are appointed.Earlier, a committee headed by the Chief Justice of India (CJI) and including the leader of the opposition in the Lok Sabha, would recommend names for these positions to the President.But according to the new process, under the new law, a six-member search committee chaired by the Prime Minister, Union Law Minister will recommend names to the President. The committee will also include the Secretary to the President, the Chief Secretary of India, and two other eminent persons with expertise in public administration, matters relating to elections, or law and justice.Supreme Courts decisionSeveral petitions were filed before the Supreme Court challenging the new law, arguing that it undermines the independence of the Election Commission. However, on Friday, January 12, 2024, the Supreme Court refused to stay the implementation of the new law.However, the Court did not give detailed reasons for its decision, but it indicated that granting a stay would be an extraordinary measure and should only be done in exceptional circumstances. The Court issued notices to the central government and asked them to file their responses to the petitions.The Act replaced the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
