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

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

By Jhanak Sharma      14 February, 2024 06:59 PM      0 Comments
SC refuses to stay new law on appointment of CEC and ECs

NEW DELHI: The Supreme Court on Tuesday refused to interfere with impending appointment of two Election Commissioners in accordance with a new law.

The court declined to stay the operation of the new law for appointment of the Chief Election Commissioner and Election Commissioners by a panel which does not include the Chief Justice of India.

A bench of Justices Sanjiv Khanna and Dipankar Datta, however, issued notice to the Centre on a plea filed by an NGO, Association for Democratic Reforms.

Advocate Prashant Bhushan, representing the NGO, contended before the bench that the law is contrary to the Constitution bench judgment of the apex court which had directed for including the CJI on the panel that would appoint the CEC and ECs.

He contended that two Election Commissioners are about to superannuate, and if the operation of the law is not stayed, the plea will become infructuous.

Sorry, we cannot grant you interim relief in the matter. The matter of constitutional validity never becomes infructuous, the bench told Bhushan.

However, the counsel insisted for an interim stay on the law.

We know our parameters for granting interim relief," the bench said.

The court listed the matter, along with other pending petitions on the issue, for hearing in April.

The plea said the law was enacted in 2023 in order to fill the vacuum under Article 324(2) of the Constitution.

However, the impugned section restores the earlier position of law i.e. appointment of Chief Election Commissioner and Election Commissioner would be done solely by the executive," the plea said.

On January 12, the court had similarly declined to stay operation of the new law.

Madhya Pradesh Congress leader Jaya Thakur and one Sanjay Narayanrao Meshram filed a plea challenging validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Terms of Office) Act, 2023.

The petitioners claimed the law was contrary to the principles laid down by the Supreme Court in the case of 'Anoop Baranwal Versus Union of India'.

In its judgment on March 2, 2023, the Supreme Court's Constitution bench had declared that the appointment of Chief Election Commissioner and Election Commissioners would be made by the President on advice of a panel, comprising Prime Minister, Leader of Opposition and Chief Justice of India until a law is put in place in this regard.



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