Challenge To Election Commissioners' Law: Live Updates From Supreme Court
LIVELAW NEWS NETWORK
30 July 2026 2:22 PM IST
The Supreme Court is hearing the plea challenging law providing that selection panel for appointing Election Commissioners will consist of the Prime Minister, a Union Cabinet Minister, and the Leader of Opposition.
Bench: Justice Dipankar Datta and Justice Satish Chandra Sharma.
The Court began hearing arguments in the case on 6th May, remarking that this issue is more important than any other.
The petitioners have contended that the present law ensures "Prime Minister's man" is appointed as Chief Election Commissioner undermining the independence of the Election Commission. During the course of arguments, the Court observed that the Anoop Baranwal judgment which provided for a committee of PM, LoP and CJI was only meant to fill a vacuum till the Parliament made a law, and didn't mandate a particular structure in such a law.
The Court also questioned the inclusion of a Cabinet Minister nominated by the PM in the selection panel under the impugned law, remarking that the third person apart from PM and LoP should be a neutral person.
Live Updates
- 30 July 2026 2:29 PM IST
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
- 30 July 2026 2:29 PM IST
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.
- 30 July 2026 2:24 PM IST
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
- 30 July 2026 2:24 PM IST
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.
- 30 July 2026 2:24 PM IST
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.
