WHY GOVT. REMOVED CJI FROM ELECTION? SC TOUGH ON ELECTION CONTROL #supremecourtofindia

Added: 2026-05-08

[00:00:00]court when the Supreme Court is approached for a decision on such an important issue >> we will simply not say that very well we'll go by the substance sometime >> this will not set a very good example that elections have to be free fair and >> and me out of the executive control >> to be uh >> and to beed under any pressure >> very including the very well very well >> to frame a law >> yes >> as and when parliament change the law.

[00:00:30]Our observation should >> in mind directly it cannot it does not no court said but what is the constitutional scheme >> could have said so >> no India should be included in the committee >> yes issue mandamas to the parliament not say you frame a law when a law is >> that there was no such observation >> it can no court will issue mandamas that you enact law >> you cannot improve >> sag goes totally against the supreme court's judgment and an baranwal's is and it makes the appointment of the election commissioners totally uh on the subjective satisfaction of the government >> that elections have to be free and >> and out of the executive control >> out to be >> and out to beed under any pressure >> very well >> including the very well very well only note because it's a judgment which are there >> find out any judgment >> yes >> which says that you know in the circumstances that we are in.

[00:01:33]>> Yes, my lord.

[00:01:34]>> Anwala judgment said that these are the norms that should be followed.

[00:01:38]>> Yes my lord.

[00:01:39]>> Yes >> these are the norms that should be followed.

[00:01:41]>> Yes my lord.

[00:01:43]>> But it could operate in the inter.

[00:01:45]>> Yes my lord.

[00:01:46]>> Till the parliament enacts the law.

[00:01:48]>> Yes ma'am.

[00:01:49]>> Is there any observation in Anu Parala judgment?

[00:01:52]>> Yes my lord.

[00:01:54]>> That we are not directing >> yes >> parliament to frame a law. Yes Lord.

[00:01:59]>> But as in when parliament frames the law, our observation should >> in mind directly it cannot it does not. No court said but what is the constitutional scheme >> could have said so?

[00:02:11]>> No. With great amount of respect with with great amount of respect 100 paragraph judgment supports the view that justice of India should be included in the committee.

[00:02:24]>> Yes ma'am. is only for the purpose of operation during the interact when there is a vacuum.

[00:02:31]>> Yes.

[00:02:32]>> Not beyond >> but it indicates what is the constitutional scheme.

[00:02:37]>> There was no such observation.

[00:02:38]>> It can no court will issue mandas that you enact law or >> you cannot improve. No asking for no lord no in your there is we want to see that first >> he was asking where were these issues raised in the debates in the in the statement of Mr. OCI who apparently was not suspended he has said very very clearly and sharply >> that this act goes totally against the Supreme Court's judgment in Anu Baranwal's case and it makes the appointment of the election commissioners totally uh on the subjective satisfaction of the government >> we are on the phone >> I agree >> we are not on substance >> when a Supreme Court when the Supreme Court is approached for a decision on such an important issue.

[00:03:35]>> We will simply not say that very well.

[00:03:37]We'll go by the substance of aging.

[00:03:39]Sometimes >> this will not set a very good example.

[00:03:42]Then don't have petitions, don't have verifications, don't have evidenc just one minute. Let us see what our rules provide.

[00:04:00]It says very clearly and at some length and in fact there was no attempt it seems by the government to defend this at all. They just said that we move a resolution that this should be passed and in a voice vote it was passed. No not even any division. In fact based on this note we have condunded not about the legislative legitimus right based on this ground taken by Mr. motion please it.

[00:04:34]>> The honorable Supreme Court in Anu Bernwal has declared that the appointment of CC and EC shall be made by the president on the way of the advice of a committee consisting of the prime minister leader of opposition in the Lok Sava and in case there is no such leader the leader of the largest party in the opposition Lok Sabha having the largest numerical stand and the chief justice of India. It has been clarified that F4 judgment will hold uh the judgment that the said norm provided by the Supreme Court will continue to hold good till a law is made by the parliament. So meot it is notes me that what is the anubernal says and I have >> it definitely it notes but thereafter while framing the law whether the ethos that have been expressed in the judgment whether this is considered or not we do not get it that's what the challenge is the section 7 is contrary to the constitution I'm not saying that lordship do not issue mandamas to the parliament not say you frame a law when a law is framed lordship checks lot say lot makes a judicial review to whether it meets the constitutional norms. What I am saying is Bernoval and they say that what are the constitutional requirement it does not merely say a lot that that this should be the composition it that's what I wanted to show to this paragraph seven paragraph in which the >> can you show your credence in the repetition? Yes, Lord.

[00:06:15]You're in Dr. Jaku.

[00:06:17]>> Yes, ma'am. Please alone, sir.

[00:06:26]Does it mention the ground?

[00:06:33]>> Yeah.

[00:06:34]May I read the prayer first? Lord.

[00:06:37]>> Yes.

[00:06:38]>> Page 16.

[00:06:41]>> In the prayer itself, my lord, is it page 16? Lord direction declaring sections 7 and 8 of the act as ultravirus under articles 14 215 and 324 of the constitution in as much as this violates principles of fair and free and fair election apart from being contrary to the principles laid down by this court in the case of Anu Bano and passes for orders. You are reading from page 16 is my prayer. Mil >> page 16.