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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.
578
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
Ashwini Kumar Upadhyay v. Union Of India
- Date Of Institution Start
- 2017-10-23
- Date Of Tagging
- 2020-01-06
- Case No
- W.P.(C) No. 1043/2017
- Date Of Tagging Link
- https://drive.google.com/file/d/1I8H1_0CW4p6bdrDTKdmE_gyOwr27XJfZ/view?usp=sharing
Article 324(2): The Legal Tug of War?
- Source Of Info
- Lexquest
- Date Of Fr
- 2018-03-21