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By Online Desk
With the BJP-led NDA government and Judiciary often at loggerheads over key legislative matters, the Union government has now moved a bill that will remove the Chief Justice of India (CJI) from a three-member committee involved in the process of appointing Chief Election Commissioner (CEC) and other Election Commissioners (EC).
The Chief Election Commissioner and other Election Commissioners Bill, 2023, has been listed for introduction in the Rajya Sabha to regulate the appointment, conditions of service and term of office of the CEC and ECs. It will also set up a procedure for the transaction of business by the Election Commission.
The bill aims to replace the CJI with a Cabinet Minister nominated by the PM, thereby undercutting the SC’s landmark verdict on the appointment process of polling officials.
In March, India’s top court had delivered a judgement aimed at insulating the appointment of CEC and ECs from the Executive’s interference.
The Apex Court had ruled that a three-member panel chaired by the Prime Minister, the Leader of the Opposition in Parliament and the CJI will advise the President over appointments of polling officials.
A five-judge constitution bench headed by Justice KM Joseph, in a unanimous verdict, held that this norm will continue to hold good till a law on the issue is made by Parliament.
However, the new bill will now neutralize the judiciary’s interference in the selection process and is likely to initiate a new confrontation between the two branches of government.
This is one of many such disputes involving the Executive and Judiciary in recent years with both bodies differing in their views starting from the Collegium system to the basic structure doctrine. Recently, the Centre passed the contentious Delhi Services bill on July 7 circumventing SC’s judgement to strip the control of civil services in the national capital from the elected government of Delhi. The apex court on May 11, had delivered a verdict that gave the Delhi government control of services in the national capital, excluding the matters relating to public order, police and land.
It is to be noted that Election Commissioner Anup Chandra Pandey will leave office on February 14, thereby leaving a vacancy in the poll panel. Pandey’s retirement will come right around the time when the schedule for the 2024 Lok Sabha Elections will be announced by the Election Commission of India.
(With additional inputs from PTI)
With the BJP-led NDA government and Judiciary often at loggerheads over key legislative matters, the Union government has now moved a bill that will remove the Chief Justice of India (CJI) from a three-member committee involved in the process of appointing Chief Election Commissioner (CEC) and other Election Commissioners (EC).
The Chief Election Commissioner and other Election Commissioners Bill, 2023, has been listed for introduction in the Rajya Sabha to regulate the appointment, conditions of service and term of office of the CEC and ECs. It will also set up a procedure for the transaction of business by the Election Commission.
The bill aims to replace the CJI with a Cabinet Minister nominated by the PM, thereby undercutting the SC’s landmark verdict on the appointment process of polling officials. googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
In March, India’s top court had delivered a judgement aimed at insulating the appointment of CEC and ECs from the Executive’s interference.
The Apex Court had ruled that a three-member panel chaired by the Prime Minister, the Leader of the Opposition in Parliament and the CJI will advise the President over appointments of polling officials.
A five-judge constitution bench headed by Justice KM Joseph, in a unanimous verdict, held that this norm will continue to hold good till a law on the issue is made by Parliament.
However, the new bill will now neutralize the judiciary’s interference in the selection process and is likely to initiate a new confrontation between the two branches of government.
This is one of many such disputes involving the Executive and Judiciary in recent years with both bodies differing in their views starting from the Collegium system to the basic structure doctrine.
Recently, the Centre passed the contentious Delhi Services bill on July 7 circumventing SC’s judgement to strip the control of civil services in the national capital from the elected government of Delhi. The apex court on May 11, had delivered a verdict that gave the Delhi government control of services in the national capital, excluding the matters relating to public order, police and land.
It is to be noted that Election Commissioner Anup Chandra Pandey will leave office on February 14, thereby leaving a vacancy in the poll panel. Pandey’s retirement will come right around the time when the schedule for the 2024 Lok Sabha Elections will be announced by the Election Commission of India.
(With additional inputs from PTI)
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