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

Hansaria: in the Parliamentary debates while enacting the impugned Act various members have raised their concern about the independence of the ECI with the political executive having the final say in the selection. One member said that if the PM and his Minister is going to be the majority in is committee then why have the committee

Hansaria: the impugned legislation is expressly contrary to the basic structure of the constitution.

Hansaria: the ruling party has an inherent and direct interest in the outcome of the results of election conducted by the Election Commission of India.

Hansaria: The Court struck down the 99th constitutional amendment and the njac act on the ground of independence of judiciary as a basic structure of the Constitution, under the same analogy dominant role of the executive in the appointment of CEC and the ECSls adversely affects the independence of the ECI

Hansaria: the Section 7 of the Act grants primacy to the ruling executive in the matter of selection and appointment of the chief election commissioner and other other Election Commissioners contrary to the law laid down by the 5 judge bench in Anoop Baranwal.

Hansaria: the legislation can only remove the basis of a judgement of the constitutional Court but cannot directly or indirectly overrule the judgement. Granting final say to the executive in the appointment is an anathema to the independent of election commission

Hansaria: just as for Judiciary to retain independence it must be outside control of the executive in the matter of appointment of judges the mode of appointment of election commissioner must be outside the control of the executive as there is conflict of interest between conduct of election commission and party in power

Senior Advocate Vijay Hansaria starts arguments for the petitioners, takes the Court through the procedure provided in the Act which is challenged in this case.

J Datta: today we will not hear any other matter apart from this.

SG: can your lordships grant me accommodation for my arguments?

J Datta: let the petitioner start if you are in difficulty we will consider.

Court asks petitioners to complete arguments by tomorrow and says that it will hear SG's arguments on a later day

The Court expresses unwillingness to adjourn the matter despite SG's repeated pleas for adjournment.

J Datta to SG: you make your arrangements and make yourself free by 2:00 p.m.

J Datta: let your associates take notes today. let the petitioners start. All matters are important. we read in the newspaper that there is an observation that the PIL in sabrimala should not have been entertained by the court. So with due respect to the judges, nine judges are occupied in a matter where there is an observation that it should not have been entertained in the first place

J Datta: This matter is more important than any other matter.

SG Tushar Mehta: kindly keep it next week. I am stuck in the nine judge bench. I want to be present when the petitioners present their arguments.

J Datta: if you had told us one week back we could have accommodated. But we fixed this hearing a month back. Nine judge bench will not get over next week