Challenge To Election Commissioners' Law : Live Updates From Supreme Court

Hansaria: Article 324(b) should be appointed by the President. What is the difference now? even now it has to be appointed by the president on the aid and advice of Prime Minister and a Minister chosen by the Prime Minister

Hansaria: the various committees have said that the Parliament can make the law but it cannot be that the executive exclusively takes a call.

J Datta: why did the court restrict the Anoop Baranwal judgement only till a particular period till the law is made? It was only to deal with a particular situation of a vacuum.

Hansaria: Because there was law at that point of time. I am not saying that a law cannot be made by the Parliament. But the law cannot be that it is only in the hands of the executive

Hansaria: there can't be a more blunt way of putting it that the political executive has an interest. CEC appointed by it can perhaps offer it a gateway to acquisition and attention of power. There is criminalisation of politics and a huge surge in influence of money in power. 40% of our law makers have criminal cases.

Hansaria: these observations directly connect with the question in hand which is that the appointment of members of election commission should be out of exclusive hands of the executive, which is the party which has an interest in perpetuating its power in itself.

Hansaria: Relief in election petition may not be itself provide a just solution to conduct of election in illegal and malafide manner

Hansaria is reading out previous judgements

Hansaria: There may be illegal and unfair and malafide decisions of the election commission passing orders under the master of the day. Once election results are out the matter is largely reduced to a fait accompli. Many times a delay or omission in decision making can itself be fatal to free and fair elections.

Hansaria again cites Anoop Baranwal judgement.

Hansaria: before making of the Constitution by the various committees, during the debates and post the constitution various communities from time to time have recommended that it has to be a multi member selection committee and cannot be at the wishes of a single member like the Act is providing

Hansaria: during the debate it was said that the CEC should have confidence of all parties so his appointment should be confirmed by two third majority of both houses. Even there the view was that the appointment should be brought based and not confined to one person.

Hansaria: In recent times statutory bodies such as NHRC, CVC etc appointment of chairpersons and members are made on recommendations of broad based committee

J Datta: sometimes during submissions you have to go a little here and there

Hansaria: it is directly on the point. I am saying if we had confidence in the system...