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

Bhushan is now reading out the judgement in Central Organisation for Railway Electrification v. ECI SPIC SMO MCML.

Bhushan: even if Anoop Baranwal judgement was not there and we had to come to court with a fresh challenge the same arguments would apply.

Hearing resumes. Bhushan continues arguing.

Bhushan reading out the judgement in the Fourth Judges Case which set aside the NJAC.

Matter to resume after lunch.

J Datta: within 3 years of the Constitution he felt that democracy is not working in this country.

Bhushan: when he attacked the Constitution First Amendment Act he appeared as the counsel after resigning as law minister. Many problems have erupted and ECI appointment is one of the problems that this court took pains to try and set right.

Bhushan: Dr Ambedkar was a very deep thinker and absolutely the right person to shepherd the constitution. I am not saying that the constitution has no problem whatsoever but at the time to make such a constitution was a gigantic feat. Even to hold elections was a gigantic feat in this country

Bhushan: while in opposition people were clamouring that there should be an independent body. As soon as they came to power they stopped bothering about that. That was happening and that is why the court had to step in in Anoop Baranwal case

Bhushan: Even if they brought a Constitution Amendment to nullify this it will not be valid. It would have violated the basic structure of the constitution just like in the NJAC case.

Bhushan: the ruling party is clearly a the most important stakeholder in elections. You cannot bring in a law which violates the foundation of the Anup Baranwal judgement. That basis can never be removed because it is based on Article 19 rights.

Bhushan: you have to ensure that the appointment is not dominated or controlled by a party which is one of the party is to the disputes.

Bhushan: I am relying on five such constitution bench judgements. Judgements said that all the judicial or quasi judicial bodies have to be independent. The government again and again tried to being rules which were repeatedly struck down

Bhushan: independence is not ensured only by the fact that removal can done only by impeachment.