Supreme Court of India
Dr. Jaya Thakur v. Union of India
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What the Court ordered
Thus, we direct that the papers be placed before the Hon'ble the Chief Justice for considering the desirability of constituting a Constitution Bench of such number of Judges to decide the question of vires of Section 7 and the other provisions of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
Judgment, Order, para 3
In brief
Six writ petitions under Article 32 by public-spirited individuals and registered societies challenged Sections 7, 6 and 8(2) of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 as ultra vires Articles 14 and 324, the grievance being that the Selection Committee of the Prime Minister, a Union Cabinet Minister nominated by him and the Leader of Opposition leaves appointments to the ECI under effective executive control, the Constitution Bench's pro tem committee in Anoop Baranwal having included the CJI. After hearings spread over five days and roughly two years' pendency, and after arguing the merits, the Attorney General and Solicitor General sought a reference to a Bench of at least five Judges under Article 145(3), a plea not taken in the counter affidavit.…
Authorities it was built on
- 1997 Vishaka and Ors. v. State of Rajasthan and Ors.
- 1988 Punjab Higher Qualified Teachers Union (non-petitioners) & Ors. v. State of Punjab & Ors.
- 1969 Suri Prithvi Cotton Mills Ltd. & Anr. v. Broach Borough Municipality & Ors.
- 2015 Shreya Singhal v. Union of India
- 1983 S. Kumar v. The Institute of Constitutional and Parliamentary Studies and Others
- 2011 Dayaram v. Sudhir Batham & Ors.
- 2019 Shrimanth Balasaheb Patil v. Hon’ble Speaker, Karnataka Legislative Assembly and Others
- 2017 Independent Thought v. Union of India & Anr.
- 2013 State of Maharashtra & Anr. v. Indian Hotel & Restaurants Assn. & Ors
- 1959 Abdul Rahim Ismail Rahimtoola v. The State of Bombay
- 2011 Nandini Sundar and Ors. v. State of Chattisgarh
- 2018 The State of Karnataka & Ors. v. The Karnataka Pawn Brokers Assn. & Ors.
- 2023 Mah. Adiwasi Thakur Jamat Swarakshan Samiti v. The State of Maharashtra & Ors.
- 1954 Ebrahim Vazir Mavat v. The State of Bombay and Others.
- 2022 Pattali Makkal Katchi v. A. Mayilerumperumal & Ors.
- 2024 Union of India & Ors. v. Rajeev Bansal
- 2026 State of U.P. v. Jai Bir Singh
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