In Brief
This case concerns applications for stay of appointment of two Election Commissioners pending constitutional challenge to Section 7(1) of the 2023 Act. The petitioners argued that the provision dilutes a prior Supreme Court judgment (Anoop Baranwal) by replacing the Chief Justice of India with a Cabinet Minister in the Selection Committee, and challenged procedural irregularities in the selection process. The Supreme Court dismissed the stay applications, holding that courts must exercise judicial restraint in granting interim relief for constitutional challenges and cannot suspend legislation absent ex facie unconstitutionality. Given the imminent 18th General Election and balance of convenience, the Court upheld the appointments while expressing concern about selection procedure deficiencies.
The lawyer headnote and full judgment text are available to registered users.