New Delhi (10.08.2023): The government appears to be not in mood to have any say of the Supreme Court in the appointment of Chief Election Commissioner (CEC) and Election Commissioners (EC). Reportedly, it has planned a bill wherein a search and selection committee will be formed to decide five names to be sent to the panel consisting of the Prime Minister, Leader of Opposition and United cabinet minister nominated by the PM ensuring a clear edge to PM/Govt in the appointment of CEC & ECs.
The new procedure for the appointment of CEC and EC is like: a) They will be appointed by the President by a warrant; b) CEC and EC must be appointed from the officers holding the rank of secretary or equivalent post at government of India; c) the names will be decided by a panel that would include the Prime Minister, the LoP and a cabinet minister nominated by PM.
This is a deviation from the ruling of the Supreme Court that asked the government to constitute a panel that included Chief Justice of India in it but it allowed the government to make a law on this. Constitution Bench of the Supreme Court on March 2, 2023 ordered that Chief Election Commissioner (CEC) and Election Commissioners (ECs) shall be appointed on the advice of a committee comprising the PM, Leader of the Opposition in Lok Sabha and Chief Justice of India. The bench, also comprising Justices K M Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar, made it clear that “this will be subject to any law to be made by Parliament”.
The judgment has come at a time when the Opposition has repeatedly questioned the independence of ECI, citing the declaration of poll dates and alleged dereliction in acting against the leaders of the ruling dispensation for violation of poll regulations. The government is likely to have similar procedures for the appointments of CAG etc.
NaMo 0.2 wants clear edge in CEC appointments, plans to exclude CJI from panel
By IndianMandarins - 2023-08-10 14:02:00
New Delhi (10.08.2023): The government appears to be not in mood to have any say of the Supreme Court in the appointment of Chief Election Commissioner (CEC) and Election Commissioners (EC). Reportedly, it has planned a bill wherein a search and selection committee will be formed to decide five names to be sent to the panel consisting of the Prime Minister, Leader of Opposition and United cabinet minister nominated by the PM ensuring a clear edge to PM/Govt in the appointment of CEC & ECs.
The new procedure for the appointment of CEC and EC is like: a) They will be appointed by the President by a warrant; b) CEC and EC must be appointed from the officers holding the rank of secretary or equivalent post at government of India; c) the names will be decided by a panel that would include the Prime Minister, the LoP and a cabinet minister nominated by PM.
This is a deviation from the ruling of the Supreme Court that asked the government to constitute a panel that included Chief Justice of India in it but it allowed the government to make a law on this. Constitution Bench of the Supreme Court on March 2, 2023 ordered that Chief Election Commissioner (CEC) and Election Commissioners (ECs) shall be appointed on the advice of a committee comprising the PM, Leader of the Opposition in Lok Sabha and Chief Justice of India. The bench, also comprising Justices K M Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar, made it clear that “this will be subject to any law to be made by Parliament”.
The judgment has come at a time when the Opposition has repeatedly questioned the independence of ECI, citing the declaration of poll dates and alleged dereliction in acting against the leaders of the ruling dispensation for violation of poll regulations. The government is likely to have similar procedures for the appointments of CAG etc.
