Supreme Court’s ruling on the Election Commission: The impact of judicial activism on legislation

By virtue of its ruling on March 2, 2023, the Supreme Court of India took on the role of the Constituent Assembly and redefined certain constitutional provisions. The Court mandated adherence to new regulations regarding the appointment of the Election Commissioner.According to these regulations, the appointment of the Election Commissioner is to be made based on the recommendation of a committee that includes the Prime Minister, the Leader of Opposition, and the Chief Justice of India.

The Court justified this by stating that such rules are necessary to address the “lacuna” in regulations on this subject. However, a closer examination of the Court's reasoning and the provisions regarding the appointment of Election Commissioners reveals that the Court has blatantly disregarded the doctrine of separation of powers.