Supreme Court’s Election Commission verdict: When judicial activism writes the law

Will the Court draw for itself a Lakshman Rekha on this aspect? Although, the intentions of the Court while interfering in such matters may be noble, the same may have seemingly unintended consequencesBy adopting the Constituent Assembly's mantle in its March 2, 2023, ruling, the Supreme Court of India essentially rewrote some of the Constitution's provisions. The Court mandated that new guidelines for the Election Commissioner's appointment be adhered to.

According to these regulations, a committee made up of the Prime Minister, the Leader of the Opposition, and the Chief Justice of India must advise the appointment of the Election Commissioner. The Court defended this by saying that these regulations are necessary to address the "lacuna" in the laws governing this topic. However, it is clear that the Court has acted in flagrant contempt of the doctrine of the separation of powers if we examine the Court's reasoning and the laws pertaining to the appointment of Election Commissioners in greater detail.