The Supreme Court on Friday declined to stay a new law which brushed aside a top court judgment to include the Chief Justice of India as a member of the high-powered selection committee to appoint Chief Election Commissioner and Election Commissioners.
“No without serving we cannot (stay), but we can issue notice,” the apex court said as it directed issuance of notice to the Central government and other respondents.
The plea against Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 has been filed by Congress leader Dr Jaya Thakur.
The recently-passed law allows appointment to the posts of CEC and Election Commissioners by a Selection Committee comprising the Prime Minister (PM), a Union Cabinet Minister and the Leader of Opposition in Lok Sabha. The petitioner contends that the provisions of the enactment are violative of the principle of free and fair elections since it does not provide an independent mechanism for appointment of the members of the ECI.
“The law is against the very concept of separation of powers,” senior advocate Vikas Singh, for the petitioner, submitted.
