Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023 – s. 7(1) – Applications for stay of selection and appointment of the Election Commissioners in a writ petition challenging vires of s. 7(1) that substituted the Chief Justice of India with a Union Cabinet Minister nominated by the Prime Minister in the Selection Committee for the post of the Chief Election Commissioner and the ECs:
Held: Grant of stay of selection and appointment of the Election Commissioners would lead to chaos and virtual constitutional breakdown – In matters involving constitutionality of legislations, courts are cautious and show judicial restraint in granting interim orders – Unless the provision is ex facie unconstitutional or manifestly violates fundamental rights, the statutory provision cannot be stultified by granting an interim order – Stay is not ipso facto granted for mere examination or even when some cogent contention is raised – Suspension of legislation pending consideration is an exception and not the rule – Submission that this Court may by an interim order direct fresh selection with the CJI as a member of the Selection Committee, would be plainly impermissible, without declaring s. 7(1) as unconstitutional – If such submission is accepted, it would be enacting or writing a new law replacing or modifying s. 7(1), as enacted by the Parliament – Given the humongous task undertaken by the Election Commission of India, presence of two more ECs brings about a balance and check – Concept of plurality in Art. 324, is necessary and desirable – Furthermore, keeping in view the timelines for the upcoming 18th General Elections for the Lok Sabha, it is not appropriate to pass any interim order or direction – Also, EC being a constitutional post, once a constitutional post holder is selected, they are duty bound to act in accordance with the letter and spirit of the Constitution – In view thereof, prayer for grant of stay cannot be accepted and said applications dismissed. [Paras 10-16]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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