DON'T HIJACK ELECTION......SC CAUTION GOVT.? BIG ACTION ON ELECTION #supremecourtofindia #election

Added: 2026-05-07

[00:00:00]No there has been meot serious doubts meot presently I'm not saying one way or the other but in the public mind even in the elections meot there has been nobody at no point of time meot eyes on the election commission has been raised to such an action as has been raised in the present case if the government has the say as to who is taking then about the election the entire election has to be taken out from the government's hands yes >> so because if the CGI is the member >> yes >> there could be some inconveniences some problems >> slogans which are shouted in public meetings against the chief election commissioner and commissioners is just a minute Mr. Mr. Sal we don't run away the facts I quite appreciate what Dr. Ambtor said this is what the chairman is saying.

[00:00:56]There are reasonable grounds for this apprehension that elections are not free in some places and the government of the day or the government in power influences election elections should be free and franchisee should be adult franchisee.

[00:01:12]Look there has been a lot of serious doubts me lot presently I'm not saying one way or the other but in the public mind even in the elections meot there has been nobody at no point of time meot eyes on the election commission has been raised to such an action as has been raised in the present case meot then lot may kindly come to me the advisory committee proceedings which is starts at page 11 >> just show us one thing from all these debates >> yes >> you have just now stressed on page eight >> yes my lord Huh? Unless and until the question of election is taken out from the hands of the government of the day.

[00:01:50]>> Very important. No doubt.

[00:01:51]>> Yes.

[00:01:52]>> But is there anything that the members of the constituent assembly discussed about selection of the selectors should also be taken out from the government?

[00:02:03]Selection of the >> Yeah, I understand.

[00:02:05]>> Selectors.

[00:02:06]>> Selectors. Yes.

[00:02:08]>> No lord. It has come me lord in the debates if the government has the say as to who is taking that about the election the entire election has to be taken out from the government's hands. Yes me lord >> this is what is sought to be conveyed >> no it is also said electors who will conduct the election it has come in the debate me I'll show to you lot >> show that show that >> I will I will show let me >> who will conduct and how their selection is >> yes >> because at one place you have shown that it is left to the union no the law is left to the union >> law is left to the union me whether there will be periodical election there will be direct or indirect election only that part I've shown to a lot there was a question whether the MP I mean MLA should Direct election or indirect election that should be left to the government.

[00:02:52]That is what has been said not. There is no me. No one has said that it should be left to the government that how the who would be the election commission permit >> law has to be made by the union that perhaps >> there's no doubt.

[00:03:10]>> Article 324 also says law you make the law but it has to be can't be in the hands of the government of the day. The law cannot be such me lord that the government of the day and I'll show to you lot your lot's entry model shows me my lord how the selections have been made in this case after this act was passed it is on the same day the leader of the opposition is given a sleep of 200 candidates and at the morning he is given a list of six candidates and selection is made on that that day where is my any meaningful consultation your lordship and sak is a separate part >> that that's a separate part >> that is how you work out the law >> yes that's a se your challenges to the law itself.

[00:03:48]>> I'm challenges to the law itself. I I'll come to that later on. That's why I'm saying the the committees etc are very clear that it has to be independent. It cannot be left in the hands of the government of the day without any kind of disscent and in the interest of purity and freedom of election of the ley bodies. It is of utmost importance that they should be freed from any interference from the executive of the day. In pursuance to the same decision, the drafting committee removed the three category of fundamental rights and put it in a part 289 and 290 and so on.

[00:04:21]Therefore, so far as fundamental question is concerned that the election machinery should be outside the control of the executive, there has to be no dispute. What article 289 does is to carry out that part of the decision of the constituent assembly. It transferred the superintendent's direction control on preparation of the electoral role and all election commission legislature to a body outside the executive to be called election commission. Lord, how can it be a body outside? If you appoint that body, is it an outside body, meot, independent of the government? Oh, because >> if the CGI is the member, >> yes, >> there could be some inconveniences, some problems.

[00:05:02]>> There cannot be any inconvenience. Just asking you whether >> look I I don't >> anywhere have you I have not seen anything meot that anyone has expressed that there will be inconvenience in fact the CGI is a member of the melodal appointment committee he is a member of the Delhi the CBI director appointment meot even CBI director >> CBC >> CBC act because Lal act has amended the Delhi special police act section 4A is inserted saying that the chief justice of India will be part of this selection committee. Even a CBI director can be there me definitely me lord election there no question of inconvenience all that we are looking for as an impartiality we have a face melord who it's not that you cannot be removed but the who is appointed that's why your lordship's collium system I'll come to those judgments me lord we must have faith in the person and today my lord with great amount of respect I don't want to say any disrespect but the there's slogans which are shouted in public meetings against the chief election commissioner and commissioner is just a minute Mr. Mr. So say we don't run away the facts.

[00:06:13]>> We do not run away from the facts.

[00:06:15]>> Yes. Yes. This is a conab. It has to be seen me lord. I have never seen me lord in a public meeting chief election commissioner. I it pains me lord that election commissioner have been said with words me lord which I I don't want to utter in this open court and meeting after meeting why no action has been taken me. It should have been taken that party should have been banned according to me for saying so. It's a model model breach of model code of conduct.

[00:06:41]>> Some goes and speaks abusive words against the honorable judges. Should we dismantle the valium system? What is this argument?

[00:06:51]>> Yes. Yes. What is this argument? Is the court for to consider Mr. Solicitor? I'm not trying to convince you.

[00:06:58]>> I'm trying to convince the court only.

[00:07:03]What I'm saying with this also no action is taken. Why should not the action be taken against that party? My lord, may I come to it now? Page 93.

[00:07:12]>> Page 93 at 94.

[00:07:13]>> Appreciate.

[00:07:14]>> Yes.

[00:07:14]>> That when one land senior council is addressing us.

[00:07:17]>> Yes, me.

[00:07:19]>> No one else should enter.

[00:07:21]>> Grateful.

[00:07:22]>> We are extremely grateful.

[00:07:23]>> Yes. Yes. Precisely.

[00:07:24]>> Where else?

[00:07:25]>> Yeah. We not going anywhere else.

[00:07:27]>> We are there to check him. If he goes beyond his bounds, we will stop.

[00:07:31]>> He had I'm sorry. He had >> you know in course of argument, Mr. solicited you have been also in this profession so long >> also making submission sometimes you have to go a little here and there >> it it is directly on the point me lord I'm saying whether we had confidence in a system where we have and post the constitution me various committees from time to time have recommended that it has to be multi-member committee so it cannot be at the wishes of a single person single individual as the act has provided. Now chair with 222.

[00:08:11]>> Yes Lord.

[00:08:12]>> Why did the court stop at >> Lord? It says it is a neutral and independent college selection committee.

[00:08:20]Neutral independent college >> once it is said in 222.

[00:08:24]>> Please all s >> that the >> it cannot be left. Collegium should not be >> yes >> comprised of persons >> yes of executive exclusive >> because the election commissioners have to be chosen not by the executive exclusive >> please all s >> right so why did it why did the court stop >> no it has gone further me I'll show you I I'll just show yes that paragraph >> yes me lord criminalization of politics meu note that 40% of our lawmakers be it parliament be the state legislature have criminal cases >> 26 >> and this court will not despite taking various steps have not been able to reduce that number >> not the subject matter subject >> yes ma'am very well m >> tell us after saying in various paragraphs the need >> to exclude the executive why is it in set in 315 >> yes yes lot would sign a final name lot in 320 par 326 >> the court is laying down norms >> yes >> laying down norms for what? Appointment of >> appointment commissioner.

[00:09:32]>> Yes my lord.

[00:09:33]>> Why does court restrict it only for a particular period till the law is made?

[00:09:38]>> Could have stopped at 314.

[00:09:40]>> They asking you what was the reason that wait?

[00:09:43]>> No, because there was no law at that point of time.

[00:09:45]>> There was no law.

[00:09:45]>> Till law is made.

[00:09:46]>> There was no law. The court says that there is a necessary to bring in a law.

[00:09:50]Yes.

[00:09:50]>> The court is discussing. If you see Mr. and Sadia.