In a significant decision, the Supreme Court has once again declined to impose a stay on the law pertaining to the appointment of Election Commissioners (ECs), asserting that such a move at this juncture would only sow chaos and uncertainty. The bench comprising Justices Sanjiv Khanna and Dipankar Datta, while hearing applications seeking to halt the law mere weeks before the 2024 Lok Sabha elections, rebuffed petitioners, emphasizing that the Election Commission cannot be deemed subservient to the executive branch.

“You can’t say Election Commission is under the thumbs of executives,” remarked Justice Khanna, elucidating the apex court’s stance. He emphasized, “At this stage, we cannot stay the legislation, and it will lead to only chaos and uncertainty.”

Highlighting the absence of allegations against the recently appointed election commissioners, Gyanesh Kumar and Sukhbir Singh Sandhu, the court underscored that it would be unjust to presume the wrongdoing of a law enacted by the Centre. Kumar and Sandhu assumed their roles following alterations to the selection panel under the new legislation.

“There are no allegations against the persons who have been appointed… Elections are around the corner. Balance of convenience is very important,” asserted the bench.

The petitioners, including Congress activist Jaya Thakur and the Association of Democratic Reforms, had urged the Supreme Court to direct the appointment of election commissioners by a panel comprising the Prime Minister, Leader of Opposition, and the Chief Justice of India, in accordance with the court’s directive from the previous year, rather than as stipulated by the subsequent Act.

Challenging the provision of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, which grants the selection authority of ECs to the Prime Minister, Union cabinet minister, and Leader of Opposition, the petitioners sought judicial intervention.