W.P.(C) No. 104/2015

ANOOP BARANWAL VS UNION OF INDIA MINISTRY OF LAW AND JUSTICE SECRETARY

The Supreme Court ruled in favour of the Petitioners and laid down guidelines to constitute a selection committee consisting of the Prime Minister of India, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India for appointing ECI members until a law is made by the Parliament. The Court concluded that the framers of the Constitution clearly contemplated a law by Parliament under Article 324 and did not intend the executive to exclusively make appointments to the Election Commission. Seven decades have passed and no law has been framed. There is a clear legislative vacuum and continuing appointments to the ECI solely by the executive will have an adverse effect on the fundamental rights of the people and democracy. Hence, the Supreme Court held that it was appropriate for the Court to lay down norms for the appointment of ECI Members which will be effective until Parliament passes a law. The judgment of the Court was authored by Justice K.M. Joseph. Justice Ajay Rastogi wrote a concurring but separate opinion.