Hansaria: the Section 7 of the Act grants primacy... ... Challenge To Election Commissioners' Law : Live Updates From Supreme Court

Hansaria: the Section 7 of the Act grants primacy to the ruling executive in the matter of selection and appointment of the chief election commissioner and other other Election Commissioners contrary to the law laid down by the 5 judge bench in Anoop Baranwal.

Hansaria: the legislation can only remove the basis of a judgement of the constitutional Court but cannot directly or indirectly overrule the judgement. Granting final say to the executive in the appointment is an anathema to the independent of election commission

Hansaria: just as for Judiciary to retain independence it must be outside control of the executive in the matter of appointment of judges the mode of appointment of election commissioner must be outside the control of the executive as there is conflict of interest between conduct of election commission and party in power