Thread by @barandbench

Supreme Court constitution bench to shortly deliver verdict in pleas challenging the existing appointment system of Election Commissioners

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Judgments have been penned by Justices KM Joseph and Ajay Rastogi.

To be pronounced shortly.

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Justice Joseph: Just reading put some portions. Hallmark of a substantial and liberal democracy must be borne in mind, democracy is inextricably linked to the power of the people. The power of the ballot is supreme, capable of unseating the most powerful parties

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Justice Joseph: The concepts of liberty fraternity and equality must not be ignored. Democracy can be achieved only when the governing parties attempts to uphold it in letter and spirit. We find that the ECI has been charged with the duty and powers to hold elections for

Justice Joseph: States and Parliament. It is duty bound to act in a free and fair manner.

Justice Joseph: The powers of appointment is capable of being misused, this may be writ large across the country. The fate of political parties and its candidates rest in the hands of the ECI, vitally important decisions are taken by those who helm its affairs. With these in mind

Justice Joseph: Any process that seeks to improve the election process before this Court must be considered. Once results are out matter largely becomes a fait accompli. Lincoln declared democracy to be by, for and of the people. Government should run as per the laws.

Justice Joseph: Power becomes goal of political parties to an end. What is disturbing and the substance of complaints of the petitioners is the sullying of the process of this gaining of power. Being as fair as the conduct of the government after it assumes power...

Justice Joseph: ,ends cannot justify wrong menas. Democracy can succeed in only as all stakeholders work on it to maintain the purity of the election process so as to reflect the will of people. With rise in media coverage and others, the propensity of misuse of election...

Justice Joseph: machinery lies. Rule of law is basic bedrock of democratic form of governance.

Justice Joseph: It is a promise of avoidance of vices of nepotism, despotism etc. An EC that does not guarantee rule of law is against democracy. In its wide spectrum of powers, if exercised illegally or unconstitutionally, it has an effect on the outcomes of political parties.

Justice Joseph: We have the option of NOTA which shows the electorate's dissatisfaction with the candidates. Right of citizen to seek and get information of candidates has been recognised as a fundamental right.

What is independence? Competence is not to be...

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Justice Joseph: bound by fear. Qualities of competence have to be supplemented by independence. An honest persons would ordinarily unflinchingly take on the high and mighty. A common person will look up to him to ensure that democracy is preserved.

Justice Joseph: EC has to be independent, it cannot claim to be independent then act in an unfair. A person in state of obligation to the state cannot have an independent frame of mind. An independent person will not be servile to those in power.

Justice Joseph: However, Article 324 has a unique background. Several decades have passed by. Political parties of varying hues have not introduced a law. A law cannot be perpetuation of what is existing, of the executive having the absolute say in appointments. This is lacunae

Justice Joseph: Making of law under 324 was an unavoidable necessity. The first general election followed after the 1950 Act.

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Justice Joseph: Political parties would have a reason to not seek a law which is clear to see. A party in power will have an insatiable quest to remain in power through a servile Commission.

There is huge surge in role of money power and criminalisation

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Justice Joseph: of politics. A large section of the media has abdicated its role and become partisan.

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Justice Joseph: EC has to remain aloof from all forms of subjugation by the executive. One of the ways it can interfere is cutting of financial support. A vulnerable EC would result in an insidious situation and detract from its efficient functioning.

Justice Joseph: The appeals are partly allowed as follows: The Election Commissioners will be appointed by the President of India on the advice of a Committee consisting of the PM, and leader of Opposition in LS (or leader of largest opposition party), and CJI.

Justice Joseph: This law will continue to hold good until a law is made by Parliament.
Court asks the government to make a necessary change with regard to funding of ECI from the consolidated fund of India and need for separate secretariat.

Justice Rastogi: I agree with my brother wholeheartedly.

Justice Rastogi: Grounds of removal of Election Commissioners should be the same as that of CEC, service conditions should not be varied.

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Justice Rastogi: Election Commissioners have to be kept free from executive interference.

Justice Rastogi: I have re produced some reports. Importance of holding free and fair elections is paramount.

Justice Joseph to Adv Prashant Bhushan: Kindly go through the entire judgment (as to the IAs). We have held it to be a Constitutional right but because of the conflict with another 5 judge bench ...

Bhushan: Grateful my lords.

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