The Supreme Court on Thursday declined to stay the Centre’s recent legislation that excludes the Chief Justice of India (CJI) from the selection panel tasked with appointing the chief election commissioner (CEC) and two election commissioners.

A bench of Justice Sanjiv Khanna and Justice Dipankar Datta, while dismissing the application for interim stay, emphasised the potential chaos and uncertainty such a move could cause, particularly as the nation gears up for the general election.

However, the bench requested the Centre’s response within six weeks to 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.
This act diverges from a prior five-judge bench directive issued in March last year, advocating for the inclusion of the CJI in the
selection committee.

The bench’s observation followed arguments from counsel Prashant Bhushan representing the Association for Democratic Rights (ADR), contending that the current election body operates under executive control.

While acknowledging historical practices of executive appointment of election commissioners, the bench also referenced the five-judge bench’s recommendation for including the CJI in the selection panel, albeit temporarily, until parliamentary legislation addressed the issue.

Despite questioning the expedited nature of the appointment process, particularly the shortlisting by the search committee, solicitor general Tushar Mehta asserted that due diligence had been exercised. He noted that the search committee initiated its work well in advance, commencing proceedings as early
as February.

The bench, however, dismissed the stay applications and scheduled a hearing on the legislation’s validity for August.