The Supreme Court on Thursday declined to put on hold the contentious law pertaining to the appointment of Election Commissioners, citing potential chaos and uncertainty. This decision comes in the aftermath of the court's earlier refusal to stay the appointment of new Election Commissioners under a 2023 legislation, which notably excludes the Chief Justice of India from the selection committee.

Addressing the matter, Justice Sanjiv Khanna reiterated the court's stance, emphasizing that halting the legislation at this stage would only lead to disorder and unpredictability. He underscored the importance of maintaining the independence and fairness of the Election Commission, while asserting that the Commission must remain free from undue influence.

The court's stance resonated with Prashant Bhushan, representing the petitioners, who highlighted the vacuum in the appointment process. Bhushan emphasized that the constituent assembly intended for vacancies in the Election Commission to be filled by an independent panel, rather than one dominated by the executive branch.

It's worth noting that the court acknowledged the absence of any allegations against the newly appointed Election Commissioners, Gyanesh Kumar and Sukhbir Singh Sandhu, who were selected following changes made to the selection panel under the new law. The court further postponed the hearing on the pleas challenging the appointments until March 21.

The vacancies in the Election Commission arose following the retirement of Anup Chandra Pandey and the sudden resignation of Arun Goel. Retired IAS officers Gyanesh Kumar and Sukhbir Singh Sandhu were appointed to fill these vacancies.

The Center, in defense of the appointment of the two new Election Commissioners, argued that the independence of the Election Commission does not hinge on the presence of a judicial member on the selection committee. The Union Law Ministry, in an affidavit filed before the court, rejected claims that the appointments were hastily made to preempt any court orders.

The batch of pleas challenging the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Terms of Office) Act, 2023, includes petitions filed by Congress leader Jaya Thakur and the Association for Democratic Reforms.