Supreme Court · 2023 INSC 190 · Decided 2 March 2023
Anoop Baranwal v. Union of India
- Court
- Supreme Court of India
- Citation
- 2023 INSC 190 · [2023] 9 S.C.R. 1
- Case number
- WRIT PETITION (CIVIL) No. 104/2015
- Decided
- 2 March 2023
- Bench
- K.M. JOSEPH, AJAY RASTOGI, ANIRUDDHA BOSE, HRISHIKESH ROY, C.T. RAVIKUMAR (5-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Writ / Constitutional
- Acts & sections cited
- Constitution Article 324(2), 32, 142, 324(5), 326, 14; Representation of the People Act Section 62
Headnote
Election Laws: Constitution of India - Arts. 324(2), 32 and 142 -Appointment of Chief Election Commissioner and Election Commissioners - Method of - Independence of Election Commission - Constitutional validity of the practice of Union of the members of the Election Commission - Held: The vacuum in the case of Art.324(2) is the absence of the law which Parliament was contemplated to enact - This Court is concerned with the devastating effect of continuing to leave appointments in the sole hands of the Executive on
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