Supreme Court refuses to stay appointment of Election Commissioners, citing potential chaos ahead of Lok Sabha Polls
July 3, 2026
  • Read Ecopy
  • Circulation
  • Advertise
  • Careers
  • About Us
  • Contact Us
Android AppiPhone AppArattai
Organiser
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
Organiser
  • Home
  • Bharat
  • World
  • Operation Sindoor
  • Editorial
  • Analysis
  • Opinion
  • Culture
  • Defence
  • International Edition
  • RSS @ 100
  • Magazine
  • Read Ecopy
Home Politics

Supreme Court refuses to stay appointment of Election Commissioners, citing potential chaos ahead of Lok Sabha Polls

With the impending Lok Sabha elections looming, the Supreme Court has declined to issue a stay on the law governing the appointment of Election Commissioners. The Supreme Court has stated that doing so at this juncture could result in chaos and uncertainty

WEBDESKWEBDESK
Mar 21, 2024, 01:51 pm IST
in Politics, Bharat, Law
Follow on Google News
A representative image

A representative image

FacebookTwitterWhatsAppTelegramEmail

As India braces itself for the upcoming general elections, the Supreme Court has made a significant decision regarding the appointment of Election Commissioners, refusing to issue a stay on the law governing their appointment. The apex court’s verdict, delivered on Thursday, March 21, comes in response to applications seeking a halt on the implementation of the law.

During the proceedings, a bench comprising Justices Sanjiv Khanna and Dipankar Datta emphasised that halting the legislation at this stage could lead to chaos and uncertainty, given the proximity of the elections. The bench addressed the arguments put forth by Prashant Bhushan, representing the petitioners, who highlighted concerns regarding the dominance of the executive in the appointment process. Bhushan stressed that the constituent assembly had envisioned an independent panel, not one controlled by the executive.

In announcing the decision, the bench underscored the independence of the Election Commission, stating, “You cannot say that the Election Commission is under the thumb of the executive.” The court’s refusal to stay the legislation signifies its reluctance to disrupt the electoral process, particularly when elections are imminent.

Notably, the bench also observed that there were no allegations against the recently appointed Election Commissioners, Gyanesh Kumar and Sukhbir Singh Sandhu, who were selected under the new law by the selection panel.

The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Bill, 2023, was passed by Parliament last year and subsequently received the President’s assent. The legislation introduced significant changes to the appointment process, replacing the Chief Justice of India on the committee responsible for selecting election commissioners with a Union Cabinet minister. As per the amended law, the committee now comprises the Prime Minister, a Union Cabinet minister, and the Leader of the Opposition.

The apex court, however, clarified that it is not questioning the credentials of the Election Commissioners selected, but on the procedure in which the selection was made.Solicitor General Tushar Mehta, appearing for the Centre, told the bench that the process had started in February, immediately after the Act came into force.

To this end, the bench remarked that there were two aspects in the present case, one being whether the Act itself was constitutional and the other being the procedure adopted and added that there could have been an opportunity given for the names to be examined.

The top court also issued notice on the plea challenging the constitutional validity of the CEC Act and asked the central government to respond to the same within six weeks.

The order of the apex court came on applications filed by Congress leader Ajaya Thakur and others seeking direction to restrain the Centre from appointing new Election Commissioners under the Act.

It was on March 21 that the Union Government defended the appointment of the two election commissioners, Gyanesh Kumar and Sukhbir Singh Sandhu, by a panel that did not include the Chief Justice of India.

It filed an affidavit opposing the applications seeking stay on the appointment and the Act, saying there was an attempt to create a row over the appointment of Election Commissioners.

The Union Government said that a political controversy is being created on the basis of “unsupported and pernicious statements,” dispelling any notion of bias or ulterior motives behind the appointment of poll panel officials.

Earlier, the plea seeking stay on the Act was moved by the Association for Democratic Reforms (ADR) and Jaya Thakur (General Secretary of the Madhya Pradesh Mahila Congress Committee), Sanjay Narayanrao Meshram, Dharmendra Singh Kushwaha, and advocate Gopal Singh.

At that time, the apex court had refused to stay the operation of the Election Commissioner Act, 2023, issued notice to the Centre, and sought a response in April.

The pleas challenged the Election Commissioners’ law that has dropped the Chief Justice of India from the selection panel for appointing Chief Election Commissioners (CEC) and other Election Commissioners (ECs).
The petitions stated that the provisions of the enactment, are violative of the principle of free and fair elections since they do not provide an “independent mechanism” for the appointment of the members of the Election Commission of India (ECI).

The petitions said the Act excludes the Chief Justice of India from the process of appointment of the members of ECI and it’s in violation of the March 2, 2023, verdict of the top court, which had ordered that the appointment of members of the ECI be done on the advice of a committee comprising the Prime Minister, the CJI and the Leader of Opposition in Lok Sabha till a law is made by the Parliament.

By excluding the CJI from the process, the judgement of the Supreme Court stands diluted, as the Prime Minister and his nominee will always be “the deciding factor” in the appointments, said the petitions.

The petitions in particular challenged Sections 7 and 8 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The provisions lay down the procedure for the appointment of ECI members.

They sought direction to the Centre to include the Chief Justice of India in the selection committee for the appointment of the CEC and ECs, which currently consist of the Prime Minister, the Leader of the Opposition in Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.

The Act replaced the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. (With inputs from ANI)

Topics: Gyanesh KumarSukhbir Singh SandhuElection Commissioners AppointmentElection Commissioner ActSupreme CourtElection Commission of India
Share2TweetSendShareSend
✮ Subscribe Organiser YouTube Channel. ✮
✮ Join Organiser's WhatsApp channel for Nationalist views beyond the news. ✮
Previous News

Karnataka: Governor’s refusal to approve Temple Tax Bill deals big blow to Congress Government

Next News

PM Jawaharlal Nehru’s foreign policy with China akin to ‘bubble’: EAM S Jaishankar

Related News

Raja Raghuvanshi Murder Case: Supreme Court refuses to stay bail granted to Sonam Raghuvanshi

Union Minister H D Kumaraswamy alleged that Karnataka's ongoing SIR is being misused to verify illegal Bangladeshi migrants as voters

Karnataka: Kumaraswamy alleges Bangladeshi migrants getting voter verification, seeks EC intervention into SIR process

Akhil Bharatiya Adhivakta Parishad explores India’s early constitutional battles over free speech and judicial review

The First Amendment at 75: Revisiting Organiser’s historic free speech battle against the Nehru government

Tamil Nadu govt challenges High Court cow slaughter ban in Supreme Court; BJP slams CM Joseph Vijay

R Ashoka accuses Karnataka Govt of undermining EC through Gruha Jyothi Survey

Karnataka Government using Gruha Jyothi Survey to bypass EC’s voter verification exercise: R Ashoka of BJP

Alang's Comeback: How Modi Government Strengthened India's Maritime Economy

Congress’ assault on Alang China sponsored? How Modi’s vision saved India’s maritime lifeline

Load More

Latest News

ATS investigation into foreign funding of 4,000 Uttar Pradesh madrasas set to accelerate after HC order

Allahabad High Court clears way for ATS probe into foreign funding of 4,000 Uttar Pradesh madrasas

80 years of Organiser: Synonym to nationalistic views, survived emergency censor & shaping Bharat perspective

The Semiconductor State: Uttar Pradesh's Next Industrial Leap

96 lakh MSMEs, one semiconductor push: Uttar Pradesh bets big on Aatmanirbhar Bharat

Tamil Nadu: Governor Arlekar urges youth to preserve Netaji’s legacy through in-depth study of INA history

Raja Raghuvanshi Murder Case: Supreme Court refuses to stay bail granted to Sonam Raghuvanshi

The Madras HC dismisses DMK leader Ponmudi plea in hate speech case

Tamil Nadu: Madras HC refuses to hear Ponmudi’s plea over disparaging remarks on saivite, vaishnavite religious symbols

Tamil Nadu: Nilgiris’ Swayambhu Mahalingeswarar temple preserves centuries-old Badaga traditions

Japan's Prime Minister Sanae Takaichi and Prime Minister Narendra Modi (Photo: X@PressSec_JP)

‘Namaste’ reflects respect and trust: Japan highlights Indian greeting after Modi-Takaichi meeting

Amarnath Yatra Begins: PM Modi appeals devotees to adopt 5 sankalp; HM Amit Shah outlines extensive security measures

Balochistan: 40 dead, 8 injured as overloaded bus plunges into ravine; Exposes fragile infrastructure of Pakistan

Load More
  • Privacy
  • Terms
  • Cookie Policy
  • Refund and Cancellation
  • Delivery and Shipping

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies

  • Home
  • Search Organiser
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Africa
    • North America
    • South America
    • Europe
    • Australia
  • Editorial
  • Operation Sindoor
  • Opinion
  • Analysis
  • Defence
  • Culture
  • Sports
  • Business
  • RSS @ 100
  • Entertainment
  • More ..
    • Sci & Tech
    • Vocal4Local
    • Special Report
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Health
    • Politics
    • Law
    • Economy
    • Obituary
  • Subscribe Magazine
  • Read Ecopy
  • Advertise
  • Circulation
  • Careers
  • About Us
  • Contact Us
  • Policies & Terms
    • Privacy Policy
    • Cookie Policy
    • Refund and Cancellation
    • Terms of Use

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies