The Indian Supreme Court refused Friday to stay a recently enacted law regulating the appointment, terms of service and duration of office for the Chief Election Commissioner (CEC) and Election Commissioners (ECs); however, a notice was issued to the central government.

Indian National Congress, India’s largest opposition party, 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, was reportedly accepted for hearing by the Supreme Court on January 12. However, the court refused to grant an immediate stay on the legislation. The Act, signed into law in December 2023, excluded the Chief Justice of India from the committee appointing the chief election commissioner and other election commissioners, leading to Thakur’s constitutional challenge. Senior Advocate Vikas Singh argued that the Act violated the doctrine of the separation of powers.

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, replaced the 1991 Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act. The new legislation, received the President’s assent on December 25 and was subsequently published in the gazette of India, becoming law.

As per the bill’s provisions, the President appoints the CEC and ECs based on recommendations from a selection committee. This committee comprises the Prime Minister, a Union Cabinet Minister, and the leader of the opposition or the leader of the largest opposition party in the Lok Sabha. These recommendations remain valid even during committee vacancies. Additionally, a search committee, led by the Cabinet Secretary, proposes candidates for the positions, requiring them to have previously held a position equivalent to the secretary to the central government. A significant change introduced by the bill is the exclusion of the Chief Justice of India from the selection panel, a point of contention since the bill’s introduction.

The Election Commission of India (EC), which functions as an autonomous constitutional entity, oversees electoral processes at both national and state levels in India. Its responsibilities include supervising elections for the Lok Sabha, Rajya Sabha, state legislative assemblies, as well as the positions of the president and vice president. However, concerns regarding the autonomy of election commissioner and its favoring the ruling government have consistently been raised in recent times. However, the CEC of India Rajiv Kumar in a press conference related to the elections in the state of Andhra Pradesh in India emphasized that EC is dedicated to conducting elections transparently and without any inducements.