Challenge To Election Commissioners' Law: Live Updates From Supreme Court
Bhushan cites judgement which said that a party being compelled to select of arbitrator from a curated panel by the other party is unfair and violates article 14.
Bhushan: It was a farce there was no meaningful debate. The Minister did not answer the substantive objection raised by him.
Farasat: on 21st December 2023 95 opposition MPs in Lok Sabha were suspended. On the day of passage in Rajya Sabha 12 opposition MPs were suspended
Bhushan reads the response of the Law Minister to Owaisi.
Bhushan: majority of the opposition was suspended, the only opposition member who was given the opportunity to participate was Mr Owaisi.
Bhushan reads out from Owaisi's speech during the debate on the impugned law.
Bhushan: the government essentially just said that Anoop Baranwal has asked us to frame the law so we framed the law.
Advocate Prashant Bhushan begins his arguments.
Bhushan: I have given my written submissions. Mr. Owaisi who was not suspended said that effectively this law does not conform to the directions issued in Anoop Baranwal. The government's response does not deal with that.
Hansaria: A compromised ECI sets a dangerous precedent for the erosion of other independent institutions. It signals that constitutional checks can be reset to suit those in power weakening the guardrails that prevent the majoritarian excesses.
Hansaria: democracy does not collapse overnight. It's hollowed out gradually through shift in institutional autonomy by compromising principles of checks and balances and winding the pendulum grossly in favour of the executive.
Hansaria concludes.
Hansaria: the final word of the court in Anoop Baranwal judgement is to urge the Parliament to consider bringing in necessary changes so that the Election Commission of India becomes truly independent. I don't think any judgement gives mandamus to the Parliament to make a law but the court has laid down parameters.
Hansaria: in the special police establishment Act, the Competition Act the Lokpal and Lokayukt Act the Companies Act, CJI is a part of the Selection Committee. In other Acts there are Rajya Sabha chairman, Deputy chairman, leader of opposition etc.
Hansaria: very candidly I am not challenging the appointment of the two election commissioners. The challenge is to the vires of the Act. I mean to show that this is what happens when power is given to one individual. This is how to works.