SC refers question of appointment of Election Commissioners to Constitution Bench
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SC refers question of appointment of Election Commissioners to Constitution Bench

Shruti Mahajan

The Supreme Court today referred the question of appointment of Election Commissioners under Article 324 to a Constitution Bench.

The Bench of Chief Justice of India Ranjan Gogoi and Justice Sanjay Kishan Kaul noted that the issue in this regard has not been debated before and requires “a close look”.

“[W]e are of the view that the matter may require a close look and interpretation of the provisions of Article 324 of the Constitution of India”, the Bench said in its order.

The petition filed by Anoop Baranwal states that there is a requirement of a fool-proof and better system for the appointment of Election Commissioners. The petitioner was represented by Advocate Prashant Bhushan.

After hearing the petitioner’s counsel as well as Attorney General for India KK Venugopal, the Court noted that since this issue has not been debated before, and requires a Constitutional provision to be interpreted, the Court is required to refer the matter to a Constitution Bench in accordance with the law under Article 145(3) of the Constitution of India.

Therefore, the matter is now posted before Chief Justice of India Ranjan Gogoi on the administrative side in order to assign a bench and to fix a date of hearing.

Read the Order:

Anoop-Baranwal-vs-UOI-watermark.pdf
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