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Anoop Baranwal v. Union of India, Ministry of Law and Justice Secretary

Case details and hearing information from the Constitution Bench Pendency Portal.

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Anoop Baranwal v. Union of India, Ministry of Law and Justice Secretary

This case is a petition seeking a more fool-proof system for appointment of members of Election Commission of India.

Petitioners Arguments
The Petitioner approached the court seeking a writ of mandamus directing the respondent to make a law for ensuring a fair, just and transparent process of selection of the Chief Election Commissioner and Election Commissioners. The Petitioner argued that this can be done by constituting a neutral and independent collegium/selection committee to recommend the name for the appointment of the members of the Election Commission under Article 324(2) of the Constitution of India. This would enable a full-proof and better system of appointment of members of the Election Commission.
Responders Arguments
The respondent’s arguments are not available in the referral order.
Last Listed On
2023-03-02
Start Date
2018-10-23
End Date
2023-03-02
Card Stage Date
2023-03-02
Review Petition No
W.P.(C) No. 104/2015
Case Status
Archive
Bench Status
Constituted
Subject Matter
Constitution
Disposal Time
4 years, 4 months, 7 days

5 Judge Bench

Judgment delivered

Consider As Stage Of Pendency
false

Date of institution of case

Date of reference to 5 Judge Bench

Judgement pronounced

Presently, it is the executive that appoints the Chief Election Commissioner and Election Commissioners. The Petitioner in this case is arguing for a better and more full-proof system for the appointment of members of the Election Commission.

Does the current process of appointments to the Election Commission violate the right to equality guaranteed under the Constitution of India? Does the Court violate the separation of powers principle if it issues directions regarding the process of appointment of the Chief Election Commissioner and Election Commissioners?

Article 324 of the Indian Constitution

The court stated that the matter may require a close look and interpretation of the provisions of Article 324 of the Constitution of India. Further, the issue has not been debated and answered by the Supreme Court earlier. It therefore referred the matter to a Constitution Bench under Article 145(3) for an authoritative pronouncement.

NA

Article 324(2): The Legal Tug of War?

Article 324(2): The Legal Tug of War?
Source Of Info
Lexquest
Date Of Fr
2018-03-21