My Lord, Political Question?
Justice Y.V. Chandrachud, as Lordship then was, speaking in Indira Nehru Gandhi v. Raj Narain (1975) Suppl. SCC 1 held, “principle of separation of powers is not a magic formula.”
Irrespective of consequences, an honest person would, ordinarily, unrelentingly take on high and mighty and persevere in righteous path.
Appointment of a Chief Election Commissioner and Election Commissioners shall be made by President on advice of a Committee consisting of both then Prime Minister and Chief Justice of India. This norm will continue to hold good till a law is made by Parliament.
– Hon’ble Justice K.M. Joseph, Anoop Baranwal v. Union of India, [Writ Petition (Civil) No. 104 of 2015].