New Delhi: The Supreme Court on Thursday declined to interfere with the appointment of two new election commissioners, saying that the elections are around the corner and a stay on their appointment will create chaos.
A bench comprising justices Sanjiv Khanna and Dipankar Datta asked advocate Prashant Bhushan, representing Association for Democratic Reforms, to read Clause 2 of Article 324. Justice Khanna said that right from beginning till judgment of this court in 2023, the president was making appointments, and the process for appointing election commissioners worked.
“Right from the beginning till the judgment, the president was making the appointments….and there was a procedure prescribed and it had worked. Obviously, the intent of this judgment (2023) was to push the Parliament to make a law. It was a nudge. This court cannot say what sort of law has to be passed….it is not that earlier elections were not held….”, said justice Khanna.
The bench told Bhushan that from 1950, a number of appointments for election commissioners were made and if petitioners’ contentions are accepted then it will lead to chaos against the backdrop that the elections are around the corner.
The bench stressed that there are no allegations against the election commissioners appointed by the government. Bhushan urged the apex court to pass a direction that panel comprising Chief Justice of India to meet and select persons, and everything will work.
The bench said the constitution bench judgment passed in 2023 does not say the new law passed by the Parliament should include a judicial member on the selection committee, and added that Bhushan cannot say that the election commission is under the thumb of the executive.
The apex court also declined to stay the 2023 law that laid down a new regime for appointing members of the election commission, and also criticized the central government for fast-tracking appointments.
Solicitor General Tushar Mehta, representing the Centre, says the 2023 judgment makes it very clear that the Parliament will have to pass a law for the appointment of ECs and CEC. Mehta said the process started for the selection of the EC after the Act came into operation.
The bench said that the Centre gave members on the panel the list of candidates for the appointment of ECs on March 14. The bench asked Centre, how did it shortlist 6 out of 200 names for ECs and some more days should have been given to members on the selection committee to decide. The bench said the Centre should have gone a bit slow. The bench questioned Mehta, when the leader of Opposition sought some time to consider names, why did he not get extra time?
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