LexDR. JAYA THAKUR & ORS. versus UNION OF INDIA & ANR.
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[2024] 3 S.C.R. 881 : 2024 INSC 246 Dr. Jaya Thakur & Ors. v. Union of India & Anr. (Writ Petition (Civil) No. 14 of 2024) 22 March 2024 [Sanjiv Khanna and Dipankar Datta, JJ.] Issue for Consideration Matter pertains to applications for stay of selection and appointment of the Election Commissioners. Headnotes Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023 – s. 7(1) – Applications for stay of selection and appointment of the Election Commissioners in a writ petition challenging vires of s. 7(1) that substituted the Chief Justice of India with a Union Cabinet Minister nominated by the Prime Minister in the Selection Committee for the post of the Chief Election Commissioner and the ECs: Held: Grant of stay of selection and appointment of the Election Commissioners would lead to chaos and virtual constitutional breakdown – In matters involving constitutionality of legislations, courts are cautious and show judicial restraint in granting interim orders – Unless the provision is ex facie unconstitutional or manifestly violates fundamental rights, the statutory provision cannot be stultified by granting an interim order – Stay is not ipso facto granted for mere examination or even when some cogent contention is raised – Suspension of legislation pending consideration is an exception and not the rule – Submission that this Court may by an interim order direct fresh selection with the CJI as a member of the Selection Committee, would be plainly impermissible, without declaring s. 7(1) as unconstitutional – If such submission is accepted, it would be enacting or writing a new law replacing or modifying s. 7(1), as enacted by the Parliament – Given the humongous task undertaken by the Election Commission of India, presence of two more ECs brings about a balance and check – Concept of plurality in Art. 324, 882 [2024] 3 S.C.R. Digital Supreme Court Reports is necessary and desirable – Furthermore, keeping in view the timelines for the upcoming 18th General Elections for the Lok Sabha, it is not appropriate to pass any interim order or direction – Also, EC being a constitutional post, once a constitutional post holder is selected, they are duty bound to act in accordance with the letter and spirit of the Constitution – In view thereof, prayer for grant of stay cannot be accepted and said applications dismissed. [Paras 10-16] Case Law Cited Anoop Baranwal v. Union of India [2023] 9 SCR 1 : (2023) 6 SCC 161 – explained. Health for Millions v. Union of India (2014) 14 SCC 496; T.N. Seshan v. Union of India [1995] Suppl. 2 SCR 106; (1995) 4 SCC 611 – referred to. List of Acts Constitution of India; Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023. List of Keywords Election Commissioners; Stay of selection and appointment of the Election Commissioners; Constitutionality of legislations; Judicial restraint; Interim orders; Suspension of legislation pending consideration; Violation of Fundamental Rights; CJI as a member of the Selection Committee for the post of the Chief Election Commissioner and the ECs; Election Commission of India; Concept of plurality; 18th General Elections for the Lok Sabha; Balance of convenience; Prima facie case; Irreparable injury; Stay or injunction; Interlocutory remedy; Constitutional post; Judicial review; Principle of proportionality. Case Arising From CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No.14 of 2024 (Under Article 32 of the Constitution of India) With W.P.(C) Nos. 13, 11, 87 and 191 of 2024 [2024] 3 S.C.R. 883 Dr. Jaya Thakur & Ors. v. Union of India & Anr. Appearances for Parties Gopal Sankarnarayanan, Vikas Singh, Sanjay Parikh, Sr. Advs., Prashant Bhushan, Mrs. Cheryl Dsouza, Mrs. Suroor Mander, Ms. Ria Yadav, Rahul Gupta, Pawan Reley, Gaurav Kumar, Vishal Sinha, Akshay Lodhi, Shrutanjaya Bharadwaj, Ms. Simran Singh, Sajal Awashti, Ms. Deepeika Kalia, Keshav Khandelwal, Ms. Vasudha Singh, Varun Thakur, Ramkaran, Ms. Dolly Deka, Deepak Goel, Mrs. Tanuj Bagga Sharma, Dr. M.K. Ravi, Denson Joseph, M/s. Varun Thakur & Associates, Pradeep Kumar Yadav, Vishal Thakre, Gopal Singh, Aryan P Nanda, Aditya Yadav, Sunil Kumar Srivastava, Tota Ram, Sanjeev Malhotra, Ms. Ananya Kumar, Ms. Aparna Bhat, Ms. Karishma Maria, Advs. for the Petitioners. Tushar Mehta, SG, Aaditya Shank
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