Issues:
- The Supreme Court of India declined to stay the appointment of two new election commissioners. These appointments were made under a 2023 law that excludes the Chief Justice of India (CJI) from the selection panel. This decision contradicts a previous Supreme Court ruling mandating the CJI’s inclusion.
Reasoning of the Court:
- The court generally avoids staying laws through interim orders. The hearing on the legality of the 2023 law and the appointments made under it is scheduled for March 21st.
Arguments:
- Petitioners, including Congress leader Jaya Thakur and the Association for Democratic Reforms, argue that the 2023 law is a transgression of the previous Supreme Court judgment. Senior advocate Vikas Singh emphasizes that the CJI’s role in the selection process is crucial for ensuring the independence of the Election Commission.
Conclusion:
The appointment of two new election commissioners has sparked controversy due to the exclusion of the CJI from the selection panel. While the appointments stand for now, the Supreme Court is set to hear arguments on the legality of the 2023 law and the appointments themselves on March 21st. The outcome of this hearing will determine whether the appointments remain valid or need to be reconsidered with the CJI’s involvement.
Written by — Athi Venkatesh