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

Hansaria: this is what happens when you give absolute power to one individual. How can the LoP be expected to look into so many names in one day

J Datta: we can only say that we wish such speed is shown in appointment of judges. Especially High Court judges.

Hansaria: on 12th March the LOP sought the shortlisted candidate. On 13th March Secretary sent a list of 200 names being considered by the search committee. On 14th March they gave a list of 6 names. The selection committee met on the same day and recommended the names of Gyanesh Kumar and Sukhbir Sandhu who were sworn in on 15th March.

Hansaria: The Leader of Opposition was not meaningfully consulted in appointment of Gyanesh Kumar and Dr. Sukhbir Singh Sandhu.

Hansaria: I'm challenging on the ground of the constitutional principle which the court in Anoop Baranwal summarized. The constitutional requirement is an independent Election Commission.

J Datta: this judgement was only to fill the vacuum till the law is made. There is no observation in the judgement that the law should be framed in a particular manner. Don't only take the ground of violation of the 5 judge judgement in Anoop Baranwal.

Hansaria is arguing that the same principle applies to the Election Commission of India

Hansaria reads out judgement in fourth judges' case: Judiciary has to have people of unimpeachable integrity who can discharge their responsibility without fear or favour. There is no question of accepting an alternative procedure that does not ensure primacy of judiciary in the matter of selection of judges in the higher judiciary

Hansaria: like the judiciary, even the election commission in the watchdog of democracy. Same principle as in the second judges' case would apply to election commissioner appointment.

Hansaria resumes.

Hansaria cites TN Sheshan judgement, the second judges' case and the fourth judges' case.

Hansaria: independence of the election commission is as much important as independence of the judiciary.

J Datta: what do the Rules say?

Bhushan: it's a curable defect. we will correct it today itself.