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

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.

J Datta: when you want us to declare that something was activated by motive you need to satisfy us that the union also knew that 15th is the date and that is it was brought forward to 14th.

Hansaria: I don't have any materials my lord.

J Datta: then let's leave it at that.

Hansaria: and our application to stay the law was listed on 15th March.

J Datta: can you attribute any motive without showing us that the union knew about 15th being the date?

Hansaria: they knew that on 15th the application would be heard. So they held the meeting on 14th