Spokespersons: Shri Jairam Ramesh and Dr Abhishek Manu Singhvi: Dr Abhishek Manu Singhvi said-

I. Friends, we gather to welcome a historic decision of the Supreme Court. Earlier today, a Constitution Bench of the Supreme Court of India pronounced its judgment in the matter of Anoop Baranwal v. Union of India wherein it held that the Chief Election Commissioner must be appointed by way of a committee comprising of the Prime Minister, the Chief Justice and the Leader of the Opposition (or Single Largest Party).

This decision is significant for three reasons.

First, it reaffirms and reiterates the importance of divesting the control of the executive over a body that is crucial to the conduct of free and fair elections.

Second, it comes at a crucial time. The ruling regime has been one of the worst offenders when it comes to the violation of electoral safeguards with no consequences for their actions. It is the only regime where (1) the Supreme Court had to intervene to get them to hear the documented complaints against the PM and HM, and (2) where a sitting Election Commissioner was compelled to give a dissent note on how he differed from the blank exonerations given to the PM and HM in those cases. He and his family faced severe consequences for this dissent.

Third, it gives the Election Commission an important reminder of its role in maintaining and sustaining our democracy.

II. What is interesting is how the Government of the day vigorously opposed this decision. There have been hundreds if not thousands of complaints filed against the ruling regime’s excesses by multiple parties over the last few years and only once has an Election Commissioner raised his voice for which he was unjustly penalized and punished.

And I ask the question - How many times has the ECI in the last eight years, taken serious action for electoral violations against the ruling regime? When hate speeches, documented hate speeches and divisive statements were made by PM and HM and the same were presented to ECI have they taken action? Has the ECI taken any action against the rampant misuse of governmental resources in election time despite numerous complaints? There are several such examples.

It is time that the Judiciary reviews the skewed balance of power and takes corrective action. Thursday, March 2, 2023.