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Supreme Court Presses Ahead With Challenge to Election Commission Appointments Law

The case tests Parliament’s primacy to write the selection law against claims it puts the election watchdog under executive control.

Overview

  • The bench, which refused an adjournment on Wednesday, called the case more important than the Sabarimala hearings and asked petitioners to finish their arguments first.
  • Following Thursday’s hearing, petitioners including ADR told the Court that Parliament passed the 2023 law by voice vote with virtually no debate after suspending many opposition MPs.
  • Justices Dipankar Datta and Satish Chandra Sharma asked whether courts can direct Parliament on how to legislate and noted the 2023 Anoop Baranwal order was an interim fix with the CJI only until a law was made.
  • Petitioners argued the new panel of the Prime Minister, a Cabinet minister he nominates, and the Leader of Opposition gives the government a 2–1 edge that can ensure the Prime Minister’s pick and weaken the Commission’s independence.
  • No interim relief is in place, appointments made in March 2024 stand, and arguments will continue next week as the Court weighs claims that constitutional principles bar exclusive executive control over these selections.