The Supreme Court on Friday refused to stay the appointment of two new election commissioners under a 2023 law that excluded the Chief Justice of India from the selection panel.

The apex court, however, agreed to examine a batch of PILs challenging the constitutional validity of the Chief Election Commission and other Election Commissions (Appointment, Conditions of Service and Term of Office) Act, 2023.

“Normally and generally, we do not stay a law by way of an interim order,” Justice Sanjiv Khanna told advocates Vikas Singh, Kapil Sibal and Prashant Bhushan.

The bench, which also included Justices Dipankar Datta and Augustine Masih, was hearing separate PILs filed by the Association for Democratic Reforms, Congress leader Jaya Thakur and others challenging the exclusion of the CJI from the selection committee and the appointment of two new ECs by the NDA government a day before the hearing.

Singh, appearing for Thakur on Friday, argued that the hurry with which the government had proceeded with the appointment process disregarding the apex court ruling that the selection panel must comprise the CJI violated the basic structure of
the Constitution.

Singh submitted that free and fair elections formed the foundation of democracy. He said there had been instances where the Supreme Court had stayed the operation of a legislation pending adjudication by the court.

Justice Khanna said: “Maybe in exceptional circumstances.”