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

Mehta: Issues -

1. Will the act passed in exercise of constitutionally prescribed legislative power of the parliament under article 324 would be bad in law only on the ground that you Jose in your wisdom not to have an outsider?

2. Whether a law made by the parliament in exercise of its legislative power should be Read as being subject to certain implied limitations

Solicitor General Tushar Mehta: it should go before larger bench. Can the legislative wisdom be bound by a temporary judicial verdict? If Anoop Baranwal is to be treated as a law which binds then would it not be amendment of the very basic structure of the constitution?

Mehta: when we say independence we generally talk about independence of Judiciary, we do not talk about independence of legislature and independence of executive.

Counsel: Lokpal selection panel doesn't have CJI as of now.

AGI: you can say parliament may have to be gagged because there is no other possible view. But that again will be a matter of controversy. The court may not like to say and it is done in ways which do not appear to be gagging then for all practical purposes it is gagging

J Datta: In the CBI director selection panel as well as Lokpal selection panel Chief Justice is included. It is not a mandate as such but the court's realisation that CEC being one of the most important offices for the purpose of democracy governance everything that should be inclusion of the CJI. that is the thought process

J Datta: then can we question you on this parliamentary wisdom of including the chief justice for Lokpal and CBI director and not for such high office as chief election commissioner. Please assist us on this.

AGI take the court through the Anoop Baranwal judgment.

AGI: If the argument is that the space is occupied by the Anoop Baranwal judgment and nothing more needs to be done then to that we say, no you don't have the authority to enact a law. I am not addressing any arguments on actual appointment process etc. If it is the case that there is an abuse of office or a surrender of the independence of the office then that will have to be questioned on facts.

Matter taken up.

Attorney General for India R Venkataramani argues.

AGI: the Anoop Baranwal judgment has brought about certain constitutional issues which I think will be better resolved by a larger bench.