WHY GOVT. REMOVED CJI FROM ELECTION ? चुनाव नियंत्रण पर SC की चेतावनी | #supremecourtofindia

Added: 2026-05-09

[00:00:00]Supreme Court, when the Supreme Court is approached for a decision on such an important issue I will simply not say that very well, we will go by the substance This will not set a very good example.

[00:00:13]The said goes totally against the Supreme Court judgement in Anup Baranwal's case and it makes the appointment of the election commissioners totally uh on the subjective satisfaction of the government.

[00:00:27]>> indicates what is the constitutional scheme.

[00:00:32]No it can no no court will issue mandamus that you enact law No no no no no no.

[00:00:40]141 members of parliament of the opposition were under suspension.

[00:00:46]So actually the parliament itself this additional point 141 members of parliament were under suspension. So there's no proper debate your lordship is right. And that's the additional point I'll raise it. There's 141 opposition members of parliament were under suspension and that's when the bill was passed.

[00:01:01]Yes, parliament to frame a law. Yes, my lord. As and when parliament frames the law our observation should be in mind.

[00:01:09]My lord, directly it cannot it it does not no no court say but what is the constitutional scheme?

[00:01:16]No my lord with great amount of respect my lord with great with great amount of respect my lord No 100 paragraph judgement trying to support the view that justice of India should be included in the committee. Yes, my lord.

[00:01:31]is only for the purpose of operation during the interregnum where there is a vacuum. Yes.

[00:01:38]>> Not beyond. But it indicates what is the constitutional scheme.

[00:01:44]No it can no no court will issue mandamus that you enact law No no no no no no no no.

[00:01:53]I say in your turn If if there is if there is we want to see that. Let me show to your lordship.

[00:01:58]First thing. Second thing, assist us by showing in course of the parliamentary debates.

[00:02:06]>> Yes, my lord. Whatever you have shown from these two statements of Mr. Surjewala and other Yes.

[00:02:12]have not been too clear as to whether, you know, a proper debate was there before the Parliament.

[00:02:19]>> Yes, my lord. stressing upon the need to look into Anup Baranwal judgment and then frame the law.

[00:02:26]>> Yes. My lord, in fact, your lordship asked me yesterday objection reasons of this act. I some No, no, objection reasons itself it says Baranwal No, objection reasons only in one paragraph recites that Anup Baranwal judgment has come. This is what >> And and what Baranwal says also he's been come, my lord. If your lordship I'll just Second paragraph onwards, there is very little to help. My lord, the And on a view that Anup Baranwal judgment Yes. observations have been considered. My lord, would your lordship just permit me to Just one intervention if your lordship on that question. Yeah, one compilations My lord, when the bill was passed, 141 members of Parliament of the opposition were under suspension.

[00:03:07]So, my lords, actually the Parliament itself, this additional point, 141 members of Parliament were under suspension. So, there's no proper debate. Your lordship is right. And that's additional point. I'll just raise it. Plus, 141 opposition members of Parliament were under suspension and that's when the bill is passed.

[00:03:22]And and the objection reasons specifically notes, my lord, that the Baranwal said Chief Justice of India should be a member of that collegium.

[00:03:28]Would your lordship permit me to my lord yesterday by mistake I handed over a wrong copy of the objection reasons, my lord. Just the act and the objection reasons.

[00:03:37]It was shown to you. The Honorable Supreme Court in Anup Baranwal has declared that the appointment of CEC and EC shall be made by the President on the basis of the advice of a committee consisting of the Prime Minister, Leader of Opposition in the Lok Sabha, and in case there is no such leader, the leader of the largest party in the opposition Lok Sabha having the largest numerical strength and the Chief Justice of India.

[00:03:57]It has been clarified that the aforesaid judgment will hold 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 it is not that what is the said.

[00:04:10]And I have It definitely notes Yes my lord. Thereafter while framing the law whether the the thoughts that have been expressed in the judgment whether this is considered or not we do not get into the merits.

[00:04:23]>> my lord that's what the challenge is.

[00:04:24]The section seven is contrary to my lord the constitution. My lord I'm not saying that lordship do not issue mandamus to the Parliament not say you frame a law.

[00:04:33]When a law is framed lordship checks lordship makes a judicial review as to whether it meets the constitutional norms. What I'm saying is and they said that what are the constitutional requirement?

[00:04:44]It does not merely say my lord that that this should be the composition. It that's what I wanted to show to lordship. This paragraph seven paragraph in which the Can you show your which writ petition do we find Mr. Farasat's claim that it was at a point of time when X number of members were suspended Are these I am Are these on record?

[00:05:08]intervene. I appear for intervening. In that intervention I pleaded that 140 members In any of the writ petitions petitions is there? I'll double check ADR if it's there or not. But in my intervention I specifically pleaded that.

[00:05:20]Is there on record? So it's there in in pleadings before your lordships.

[00:05:28]My lord It's an important matter. Yes my lord it's there in my writ petition. ADR It's there clearly.

[00:05:35]Clearly my lord lordship was asking where were these issues raised in the debates?

[00:05:41]In the in the statement of Mr. Owaisi who apparently was not suspended.

[00:05:49]He has said very very clearly and sharply The volume two. that this act goes totally against the Supreme Court judgement in Anup 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.

[00:06:10]>> You are not on substance.

[00:06:11]>> I know. When our Supreme Court when the Supreme Court is approached for a decision on such an important issue, I will simply not say that very well, we'll go by the substance.

[00:06:22]>> I agree Lord, sometimes example.

[00:06:26]Then don't have petitions.

[00:06:28]Don't have verifications. Don't have affidavits. Sometimes Lord, what happens Lord, sometimes this has been our major experience.

[00:06:37]And even Lord, if your Lordship will Yes, just one minute. Let us see what our rules provide.

[00:06:42]very clearly and at some length, my Lord. And in fact, my Lord, there was no attempt, it seems, by the government to defend this at all.

[00:06:53]They just said that we move a resolution that this should be passed and in a voice vote, it was passed. Not Not even any division.

[00:07:03]In fact, based on this note, we have to contend that note about the legislative legitimacy right based on this ground taken by Mr. Bhushan.

[00:07:12]Look.

[00:07:13]The N.N. Seshan judgement my Lord Starting the compilation page 63.

[00:07:18]The preamble of our constitution proclaimed that we are a democratic republic. Democracy being the basic structure of our constitution feature of our constitutional setup, there can be no two opinion that free and fair elections of our legislative bodies alone would guarantee the growth of healthy democracy in our country. In order to ensure that purity of election process, it was thought our constitutional makers and the responsibility to hold free and fair election in our country should be interested to an independent body which should be insulated from political and or executive interference. It is inherent in a democratic setup that the agency which is interested the task of holding election to the legislature should be fully insulated so that it can function as an independent agency free from external pressure from the party in power or the executive of the day.

[00:08:03]This is the principle which all of you laid down in session reiterated in below.