The Supreme Court on Friday (January 12) agreed to hear Congress leader Jaya Thakur’s plea challenging the constitutionality of Sections 7 and 8 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. However, the top court refused to issue an immediate stay on the legislation.
A bench of Justices Sanjiv Khanna and Dipankar Datta was hearing a writ petition filed by Thakur under Article 32 of the Constitution questioning the constitutionality of the election commissioners’ act, which was signed into law last December by President Droupadi Murmu following the parliament’s winter session. Through this legislative move, the Chief Justice of India was dropped from a committee to appoint the chief election commissioner (CEC) and other election commissioners, which has now prompted this constitutional challenge.
During the hearing today, Senior Advocate Vikas Singh, appearing for Thakur, argued that this Act was a violation of the doctrine of the separation of powers, which formed a basic structure of our Constitution. Right at the outset, Justice Khanna asked the senior counsel whether an advanced copy had been served on the respondent union government and election commission.
In response, Singh said, “There is no system in the Supreme Court to serve advanced copy. That’s only in the high court.”
“But serve an advanced copy please,” Justice Khanna instructed him.
“I will,” Singh agreed, before urging the court to decide on an interim prayer for a stay on the new law.
The bench, however, categorically refused, with Justice Khanna telling the lawyer, “There will not be a stay. Please, we can’t stay a statute like this.”
“We will issue notice though,” the judge added. At the senior counsel’s request for a ‘short date’, the bench agreed to post it to April for hearing. It pronounced –
“Issue notice returnable in the month of April 2024. Notices will be served by all modes including dasti.”
