1 month ago
Supreme Court Questions Exclusion of CJI from Election Commissioner Panel
The Supreme Court is looking at a rule that says the Chief Justice of India (CJI) should be part of the group that picks the Chief Election Commissioner (CEC).
The government says it’s okay to leave the CJI out if another outsider is consulted.
The court says the CJI should be there to keep the process fair and independent.
The court is still deciding if the CJI’s absence is a big legal problem.
A 2023 court order had said the CJI must be on the panel, but Parliament later made a law that replaced the CJI with a cabinet minister.
The court wants to make sure the Election Commission can work without being influenced by politics.
Supreme Court is reviewing the exclusion of the Chief Justice of India from the panel that appoints the Chief Election Commissioner.
The centre argues that an outsider or former judge should be consulted when selecting cabinet ministers if the prime minister’s decisions cannot be trusted.
The court stresses the need for an impartial, independent appointment process and questions Parliament’s decision to omit the CJI.
The bench has reserved a decision on whether the CJI’s absence constitutes a substantial question of law requiring a five‑judge constitution bench.
The 2023 Supreme Court ruling had mandated a three‑member committee including the CJI, but Parliament later passed a law replacing the CJI with a cabinet minister.
- Who
- Supreme Court of India, Centre government, Chief Justice of India, Chief Election Commissioner
- What
- Court is reviewing the exclusion of the CJI from the panel that appoints the Chief Election Commissioner
- Where
- Supreme Court of India
- When
- Hearing on 30 July; 2023 Supreme Court ruling; current act in force
- Why
- To ensure an impartial and independent appointment process for the Election Commission
Key facts
- Court
- Supreme Court of India
- Issue
- Exclusion of Chief Justice of India from CEC appointment panel
- Key Parties
- Centre government, Supreme Court, Chief Justice of India
- Current Legislation
- Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act
- Previous Ruling
- 2023 Supreme Court constitution bench order
Quotes
Attorney General R Venkataramani
India's chief legal adviser to the government
“The office of the prime minister has a certain sanctity attached. If his decisions are not to be trusted and are to be seen as necessarily a bad faith exercise, then why not have a provision that even while selecting his cabinet, he must consult some other former judge or outsider.”
opindia.com
“The appointment procedure should be shown to be fair. The issue is that the composition of this committee tilts in favour of one side. There is a two versus one here, two of the executive and one of the opposition.”
opindia.com
Sources
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