38.6c New Delhi, India, Tuesday, September 30, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

'Court won't normally stay law,' SC on plea to restrain Govt on appointment of ECs as per new law

By Jhanak Sharma      15 March, 2024 03:49 PM      0 Comments
'Court won't normally stay law,' SC on plea to restrain Govt on appointment of ECs as per new law

NEW DELHI: The Supreme Court on Friday said the court normally won't stay a legislation by interim order as it agreed to examine on March 21 a matter related to appointment of two Election Commissioners per the law passed by Parliament in December, 2023.

A bench of Justices Sanjiv Khanna, Dipankar Datta and Augustine George Masih said it would consider the applications for staying the implementation of Section 7 of the Chief Election Commission and other Election Commissions (Appointment, Conditions of Service and Term of Office) Act, 2023, which dropped the CJI from the panel on appointment of the constitutional body.

Also Read -  SC refuses to stay new law on appointment of CEC and ECs 

"Let the interlocutory applications come up for hearing," the bench told senior advocates Kapil Sibal, and Vikas Singh and advocate Prashant Bhushan appearing for applicants.

The bench also pointed out the matter has come before the court twice earlier and it was pointed out that the court normally won't stay a legislation by interim order.

Senior advocate Vikas Singh, appearing for a petitioner, contended that the government has preponed the meeting of the panel to select two Election Commissioners.

He asked the court to see the Supreme Court's previous Constitution bench decision on March 2, 2023 which stated the appointment to the post of Chief Election Commissioner and Election Commissioners have to be made by a panel also comprising the CJI.

Also Read -  Supreme Court refuses stay law on appointment of CEC and ECs

The bench, however, asked the counsel to come to the final direction in the judgment.

The Constitution bench had then stated that the panel suggested by the court was to be formed until a law is passed by Parliament.

The counsel, however, said when a judgment has been passed by this court, there can't be transgression. The final direction of the court was that the appointment would be made by the panel of the Prime Minister, CJI and Leader of Opposition, he said.

The bench fixed the matter for hearing on March 21.

On March 14, 2024 retired IAS officers Gyanesh Kumar and Sukhbir Singh Sandhu were appointed as Election Commissioners by a panel of Prime Minister, Union Law Minister and Leader of Opposition in Lok Sabha. Both the ECs took charge and assumed the office on Friday.

NGO Association for Democratic Reforms and Congress leader Jaya Thakur have filed separate applications for a direction to stay the law.

One Election Commissioner Arun Goel resigned on March 9, and another one Election Commissioner A C Pandey completed the term in February.

 



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS


TOP STORIES

sc-declines-to-consider-pil-seeking-benefits-in-govt-jobs-for-displaced-kashmiri-hindus
Trending Judiciary
SC declines to consider PIL seeking benefits in govt jobs for displaced Kashmiri Hindus

SC declines PIL for age relaxation in govt jobs for displaced Kashmiri Hindus, citing it as a policy matter beyond judicial intervention.

24 September, 2025 07:29 PM
sc-dismisses-appeal-to-recall-child-victim-calls-it-disturbing-awards-105-lakh-compensation
Trending Judiciary
SC Dismisses Appeal To Recall Child Victim, Calls It “Disturbing”; Awards ₹10.5 Lakh Compensation [Read Order]

SC dismisses POCSO convict’s plea to recall child victim, calls it “disturbing” and directs ₹10.5 lakh compensation for survivor.

24 September, 2025 08:16 PM
ktka-hc-stays-order-to-cap-movie-ticket-price-at-rs-200
Trending Judiciary
Ktka HC stays order to cap movie ticket price at Rs 200

Karnataka HC stays govt order capping movie ticket prices at ₹200, citing violation of constitutional rights and lack of legal authority.

25 September, 2025 12:22 AM
sc-suspends-20-year-jail-term-of-roman-catholic-priest-for-repeatedly-raping-class-viii-student
Trending Judiciary
SC suspends 20 year jail term of Roman Catholic priest for repeatedly raping class VIII student

SC suspends 20-year jail term of Kerala priest Father Edwin Pigarez, convicted of repeatedly raping a Class VIII girl, citing decade already served.

25 September, 2025 12:32 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email