The Central Government told the Supreme Court that it is not necessary to have a judge in the committee that appoints the Chief Election Commissioner and Election Commissioners of the Election Commission (EC). There is no such provision in the Constitution. The Center said that including a judge in the selection committee can be a decision of Parliament, but it cannot be considered a constitutional compulsion. The government has given this reply in the case in which it was hearing petitions challenging the ‘Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Tenure) Act, 2023’. According to this law, the appointment of CEC and EC will be done by a committee consisting of the Prime Minister, the leader of the opposition in the Lok Sabha and a Union Minister. Earlier, the Supreme Court had also included the CJI of India in the interim arrangement. In 2023, the Supreme Court had formed a committee consisting of CJI. In March 2023, the Supreme Court had said in a decision that until the Parliament makes a law on this, the appointment of the Chief Election Commissioner and Election Commissioners will be on the recommendation of the committee consisting of the Prime Minister, the Leader of Opposition in the Lok Sabha and the CJI. After this the central government brought a new law. This law came into effect from January 2, 2024. Under this, the selection committee now includes the Prime Minister, a Union Minister and the leader of the opposition in the Lok Sabha. CJI was removed from this committee. Petitions were filed in the Supreme Court against this change. The petitioners say that this will increase the influence of the government in the appointment process and may affect the independence of the Election Commission. 4 main points of the government… May 14: SC had said – When the government itself has to take the decision, then why pretend to keep the opposition leader in the committee? The Supreme Court had questioned the Central Government regarding the appointment process of the Election Commissioner (CEC) and Election Commissioners (EC). The court had said – If the government itself has to take the decision, then what is the need to pretend to be independent by keeping the Leader of the Opposition (LoP) in the selection committee. The bench of Justice Dipankar Dutta and Justice Satish Chandra Sharma had said that the Chief Justice of India (CJI) is included in the selection committee of the CBI director, but no independent member has been included in the committee appointing election commissioners. May 6: SC had asked – Do we have the right to make laws? On May 6, during the hearing of the case, the Supreme Court had asked whether the court can direct the Parliament to make a new law. The bench said that a petition has been sought to direct the Parliament to make a law. But can the court give such a direction and is this petition maintainable because it is the prerogative of Parliament to make laws. Read the full news… May 12: Rahul said – Leader of the opposition is not a rubber stamp. Rahul Gandhi had expressed his disagreement on the selection of the new CBI director in the meeting held at the PM residence on May 12. Rahul alleged that the list of 69 candidates has been given for selection. Did not provide them with their details. He said after the meeting – The government has made the selection process just a formality. A predetermined person is selected. The leader of the opposition is not a rubber stamp. CJI Surya Kant also participated in this meeting held at Prime Minister’s residence 7, Lok Kalyan Marg. The meeting lasted for about an hour. After leaving the meeting, Rahul shared a letter on social media. In which he explained the reason for his disagreement. Read the full news…
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सरकार बोली-चुनाव आयुक्त के चयन पैनल में जज जरूरी नहीं: SC से कहा- संविधान में ऐसा प्रावधान नहीं, जज को शामिल करना संसद का फैसला होगा
