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

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

Hansaria: this is what happens when you give absolute power to one individual. How can the LoP be expected to look into so many names in one day

J Datta: we can only say that we wish such speed is shown in appointment of judges. Especially High Court judges.

Hansaria: on 12th March the LOP sought the shortlisted candidate. On 13th March Secretary sent a list of 200 names being considered by the search committee. On 14th March they gave a list of 6 names. The selection committee met on the same day and recommended the names of Gyanesh Kumar and Sukhbir Sandhu who were sworn in on 15th March.

Hansaria: The Leader of Opposition was not meaningfully consulted in appointment of Gyanesh Kumar and Dr. Sukhbir Singh Sandhu.

Hansaria: I'm challenging on the ground of the constitutional principle which the court in Anoop Baranwal summarized. The constitutional requirement is an independent Election Commission.

J Datta: this judgement was only to fill the vacuum till the law is made. There is no observation in the judgement that the law should be framed in a particular manner. Don't only take the ground of violation of the 5 judge judgement in Anoop Baranwal.

Hansaria is arguing that the same principle applies to the Election Commission of India

Hansaria reads out judgement in fourth judges' case: Judiciary has to have people of unimpeachable integrity who can discharge their responsibility without fear or favour. There is no question of accepting an alternative procedure that does not ensure primacy of judiciary in the matter of selection of judges in the higher judiciary

Hansaria: like the judiciary, even the election commission in the watchdog of democracy. Same principle as in the second judges' case would apply to election commissioner appointment.