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

J Datta: why wouldn't we trust the Prime Minister? Of course we would trust the Prime Minister but this has not happened over the years. The court said that we have to trust the Prime Minister. Prime Minister would take care that no one who is having grey element should become a Minister.

J Datta: you said judges select judges. We wonder whether judge select judges nowadays.

J Datta: one and half years prior to his death Ambedkar said democracy failed in India. These are all utopian ideas. In how many states there are ministers who have cases?

Mehta: we have speeches of judges deciding first judges case and second judges case that we committed a serious error.

Mehta: the moment your lordship says this committee is not adequate the two things being done the wisdom of the parliament is being doubted and second about constitutional trust doctrine

The executive and the legislature are the only branches which are directly accountable to the people. Executive is accountable to the parliament and the parliament is accountable directly to the people.

Mehta: My question is whether one organ of the state a decision would be necessarily bad faith based on the fact that the Prime Minister and the other ministers would act in bad faith, would not act in the interest of democracy would not act in the furtherance of the constitutional principles because they have a numerical majority. This ultimately will be required to be argued either before your lordship or larger bench. The constitutional trust doctrine was developed by a five judge bench

Mehta: if his decision is not to be trusted and is to be seen with the kind of a bad faith exercise necessarily then why not have a provision that even while selecting his cabinet he must concerned some former judge or some outsider?

J Datta: now that prerogative has been exercised somebody is there in the cabinet and you go a step further you have 25 cabinet ministers and the Prime Minister is conferred the authority to select one amount them in the selection panel.

Mehta: my submission is that the office of prime minister has a sanctity attached.

Mehta: five judge Bench in Manoj Narula said that if the Prime Minister is not to be trusted then why not have some outsider including a former judge of the score to select the Minister also?

J Datta: it is not a question of appointment of a Minister as such. that is only the Prime Minister's prerogative.

Mehta: this matter requires consideration by larger bench. The prayers in an Anoop Baranwal were only for an interim measure. The court was not laying down a law.

Mehta: 3. Whether the constitutional Court well deciding the legality of the composition of the selection committee can presume abuse of power, bad faith and mala fide intention on part of the constitutional functionaries of the executive?

4. Whether a constitutional Court can invalidate on legislation on the basis that it considered a particular provision to be inadequate or that it could have been formed in a different way