Judiciary cannot interfere in selection of CEC, EC: Govt. india news

New Delhi: Opposing the Supreme Court’s observation of “constitutional silence” on the procedure and qualifications for appointment of Chief Election Commissioner and Election Commissioners, the Center on Wednesday took advantage of the . CEC And told election commissions and court that constitutional silence cannot be filled by judiciary. It should respect the independence of the executive by not encroaching on its jurisdiction.
In response to the apprehension expressed by the Constitution Bench that under the present dispensation the government would choose and appoint ‘yes men’ who could not go against it, Attorney General R. Venkataramani Said there is no “pick and choose” process adopted by the government and appointments are made on the basis of seniority of bureaucrats. He said that there is no instance of appointment of a biased or ineligible person to trigger the intervention of the court.

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A division bench of Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar questioned the need for a “fair and transparent” mechanism to select members of the Election Commission and also why there is no law Venkataramani, Solicitor The triumvirate of generals, mandated under the constitution, is created to regulate their appointment. Tushar Mehta And Additional Solicitor General Balbir Singh tried to convince the court that there was no need for the judiciary to intervene as the commission has always performed independently and done remarkable work that has been recognized internationally.

When the SG said that if an ineligible person is elected then the apex court can certainly inquire and set aside the appointment of the Election Commissioner, the bench said that no qualification has been decided for the post so far, So there is no question of anyone being disqualified. Post.

As the court said on Tuesday that the short tenure of the CEC was eroding the independence of the commission, the AG had said that the cumulative tenure of a person (as EC and CEC) should be considered and by that yardstick all About five enjoyed it. -year tenure which cannot be termed as “short term”.
The court said during the hearing that there have been many reports on the reforms of the Election Commission and all of them have spoken in one voice about bringing changes. “Nobody wants to go the extra mile to bring that much needed change and the court has to examine it. There is a gap,” the bench said, giving an example that if the Election Commissioner, appointed by the government, fails to register a complaint against the Prime Minister, it would lead to collapse of the entire system.

Stating to the Bench that the independence of the Executive is as sacred as the independence of the Judiciary, Mehta submitted that a non-executive should not be made part of the selection process of the Commission including the Chief Justice of India, as suggested by the petitioner, as it would amount to judicial encroachment and violation of the separation of power.
Setting aside SC’s earlier intervention directing that the CBI director be appointed by a panel comprising the PM, Leader of Opposition and the CJI, Mehta argued that the CBI director was part of the government before the judgment but the posts of the EC and the CEC are constitutional and any change in the appointment process can be made only by Parliament,

“It is submitted that the assumption that the inclusion of a Judicial Member in the process of appointment wholly vested in the office of the President by the framers of the Constitution would bring objectivity to the process is wholly erroneous. It is submitted That the appointment of Election Commissioners was vested in the President after detailed deliberations in the Constituent Assembly and the only other form suggested for the future, if Parliament deemed it appropriate, was legislative intervention by Parliament,” submitted the SG.
He said that the operation of separation of powers is a two-way street. “It is submitted that judicial independence is a function of the separation of powers and it creates a mutual obligation of judicial review to act within strict constitutional parameters without diluting the executive domain … confers the power to appoint. With the President or the Parliament having the power to make laws, it does so as a reflection of democracy. It is submitted that overriding that act or bringing something into process where someone’s Not envisaged would amount to judicial overreach,” he said.
ASG Balbir Singh said that the commission has worked independently and impartially over the years and its work has been recognized internationally. He said that the Election Commission has always done a remarkable job of conducting elections on time and has also ensured increased voter participation in the electoral process.
At the end of the hearing, it was the EC’s turn to present its views on a bunch of petitions seeking to protect it from political and executive interference, but the EC limited its talk to financial independence with an independent secretariat and patronage . To the Election Commission as given to the CEC. Advocate Amit Sharma, in a brief submission, submitted that the commission had sent various proposals to the Center for improvement on those aspects, which should be seriously examined.

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