The Supreme Court on Friday refused to pass any interim order to stay the implementation of the recent legislation by Parliament which excludes the Chief Justice of India from the process of appointment of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs).
“There will not be a stay. We cannot stay a statute like this,” a bench presided over by Justice Sanjiv Khanna told senior advocate Vikas Singh, who pleaded for an interim injunction against the implementation of the Chief Election Commissioner and the other Election Commissioners (Appointment, Condition of Service and Term of Office) Act, 2023.
Singh, appearing on behalf of a PIL litigant, argued that the impugned legislation violates the separation of power -- which has been held to be a part of the basic structure of the Constitution.
The bench, also comprising Justice Dipankar Datta, said that it will not pass any interim order but will issue notice to the Union government and others in the matter.
“Issue notice returnable in the month of April 2024,” ordered the apex court.
Several public interest litigations (PILs) were filed before the Supreme Court against the recent gazette notification issued by the Union Ministry of Law and Justice providing that the CEC and the ECs will be appointed by the President of India on the recommendation of a Selection Committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha and a Union Cabinet Minister to be nominated by the Prime Minister.
One of the pleas filed by a Noida-based lawyer sought directions to set aside the gazette notification issued by the Union government on December 28, 2023 and to include the Chief Justice of India in the selection committee for the appointment of the CEC and ECs.
Further, it sought a direction to the Union of India for implementing an independent and transparent system of selection constituting a neutral and independent selection committee for appointment of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs).
In March last year, a Constitution Bench of the Supreme Court had held that the appointment of top officials of the Election Commission shall be done by the President on the advice of a panel comprising the Prime Minister, Leader of Opposition (LoP) and the Chief Justice of India.
“We declare that the appointment of the CEC and the other ECs shall be made on the recommendations made by a three-member Committee comprising the Prime Minister, LoP of the Lok Sabha and in case no LoP is available, the Leader of the largest opposition party in the Lok Sabha in terms of numerical strength and the Chief Justice of India,” said the apex court, clarifying that its guidelines shall be in effect until Parliament makes a law in consonance with Article 324(2) of the Constitution.
Sushanta demanded Centre to start direct flight service along Agartala-Mumbai route
The state transport minister Sushanta Chowdhury on Monday met the Union Minister of Civil Aviation Ram Mohan Naidu Kinjarapu in Delhi and discussed a series of issues related to the development of air services from Agartala MBB Airport.
CM Dr Manik Saha discuses development railway services and infrastructure in Tripura
Chief Minister Dr Manik Saha on Monday met the General Manager (Construction) of North East Frontier Railway here in his chamber at the secretariat and discussed a series of issues related to the further development of railway infrastructure in the state and ease passenger movement.
State to get Rs 150 Crore for Tourism, Sushanta Meets Union Minister Shekhawat
The Central Government has sanctioned an additional ₹150 crore for the enhancement of Tripura's tourism sector, Tripura Tourism Minister Sushanta Chowdhury announced on Monday.
CM to inaugurate 34 projects of Rs 250 Crore tomorrow
Chief Minister Prof. Dr. Manik Saha will inaugurate and lay the foundation stones of various projects worth Rs 250 crore, comprising 34 projects, in Unakoti district tomorrow.
JP Nadda, BL Santosh arriving in state on March 9: CM Manik Saha
Chief Minister Prof. Dr. Manik Saha today announced that BJP All India National President JP Nadda and National General Secretary (Org) B.L. Santosh will be arriving on March 9 to attend the two-year celebration of the present state government at Swami Vivekananda Maidan.
Two Bihar women held with cannabis at Agartala Railway Station
Acting on a tip-off, the Government Railway Police recovered 21 kg 65 grams of dried cannabis from two women at Agartala railway station. The estimated market value of the seized contraband is said to be over three lakh rupees.
UK PM announces new 1.6-billion-pound deal for Ukraine to buy missiles
British Prime Minister Keir Starmer announced that Britain will allow Ukraine to use 1.6 billion pounds ($2 billion) of British export finance to purchase more than 5,000 air defence missiles.
'PM Modi working for welfare of all communities without discrimination', says Hazrat Nizamuddin Dargah Committee chief
Hazrat Nizamuddin Aulia Dargah Committee Chairman Syed Afsar Ali Nizami on Sunday praised Prime Minister Narendra Modi for attending the Sufi music festival 'Jahan-e-Khusro' and said that he gave the message of brotherhood and works for the welfare of all communities and religion without any discrimination.