New Bill casts a cloud over EC appointments
1 year ago

New Bill casts a cloud over EC appointments

Hindustan Times  

This winter session of Parliament has seen the passage of the Election Commissioners Bill. Election Commission of India The law in question does so by replacing the CJI with a Union minister, thus giving an unassailable majority to the executive in the selection committee. According to Article 324, the task of framing a law for selecting election commissioners was left to Parliament, and until such time Parliament enacted it, it was to be performed by the President. Thus, Article 324 did not give Parliament a carte blanche to enact any law on appointments, but one that was consistent with the principles of institutional independence. It is true that Anoop Baranwal’s interim arrangement – that of a selection committee with the CJI as the “balancing vote” between the government and the Opposition — is not binding upon Parliament.

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History of this topic

Supreme Court to hear pleas challenging poll officers appointment law on Feb 4
17 hours, 21 minutes ago

Supreme Court to hear pleas challenging poll officers appointment law on Feb 4

India Today  

The Supreme Court on Wednesday agreed to hear a batch of pleas challenging the constitutionality of the Chief Election Commissioner and Other Election Commissioners Act, 2023. The law, enacted earlier this year, removed the Chief Justice of India from the selection panel for appointing Election Commissioners. Bhushan cited urgency, noting that the current Chief Election Commissioner, Rajiv Kumar, is set …

Petitioners Request Supreme Court To Hear Challenge To Election Commissioners' Law Before Retirement Of CEC In February
Trending News
1 day, 9 hours ago

Petitioners Request Supreme Court To Hear Challenge To Election Commissioners' Law Before Retirement Of CEC In February

Live Law  

On mentioning of the pleas challenging constitutionality of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which removed the Chief Justice of India from the selection panel appointing Election Commissioners, the Supreme Court today expressed inclination to hear the matter on February 4. The most notable feature of the new legislation is that the President of India would …

'Will lead to chaos': Supreme Court won't halt Election Commissioners' appointment
9 months, 2 weeks ago

'Will lead to chaos': Supreme Court won't halt Election Commissioners' appointment

India Today  

The Supreme Court on Thursday said it cannot put on hold, the controversial Chief Election Commissioner and Other Election Commissioners Act, 2023, saying it would only lead to chaos. On March 15, the court refused to stay the appointment of new Election Commissioners under the 2023 law, that excludes the Chief Justice of India from the selection committee. A notable …

SC refuses to stay appointments of new ECs under 2023 law, to hear batch of pleas on March 21
9 months, 3 weeks ago

SC refuses to stay appointments of new ECs under 2023 law, to hear batch of pleas on March 21

New Indian Express  

Although the top court had earlier in its order refused to stay the implementation of the Election Commissioner Act, 2023, it had said it would examine the matter at a later stage, and thereby issued a notice to the Centre and sought the response in April. The recently passed law allows the appointment to the posts of CEC and Election …

Supreme Court refuses to stay new law on appointment of CEC, ECs
11 months, 4 weeks ago

Supreme Court refuses to stay new law on appointment of CEC, ECs

Hindustan Times  

The Supreme Court on Friday refused to stay the operation of the new law providing for appointment of chief election commissioner and election commissioners by a panel that does not include the Chief Justice of India. The new law has provisions to set up a search committee chaired by the Union law minister and two other persons not below the …

Pleas in the Supreme Court challenge new law on appointment process for Chief Election Commissioner, Election Commissioners
1 year ago

Pleas in the Supreme Court challenge new law on appointment process for Chief Election Commissioner, Election Commissioners

The Hindu  

Petitions have been moved in the Supreme Court against a new law which brushes aside a judgment to include the Chief Justice of India as a member of the high-powered selection committee to appoint the Chief Election Commissioner and Election Commissioners. The CEC and Other Election Commissioners Act, 2023 has diluted the Supreme Court judgment by replacing the Chief Justice …

Controversial bill on appointments to Election Commission clears Lok Sabha
1 year ago

Controversial bill on appointments to Election Commission clears Lok Sabha

India Today  

The highly contentious Chief Election Commissioner and Other Election Commissioners Bill, 2023, was passed in the Lok Sabha on Thursday. It directly conflicts with the Supreme Court's direction that the Election Commission should be selected by a panel comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India. In March this year, a constitution bench …

DC Edit | Bill on EC is deeply flawed
1 year, 4 months ago

DC Edit | Bill on EC is deeply flawed

Deccan Chronicle  

The Bill introduced by the government in the Rajya Sabha seeking to exclude the Chief Justice of India from the panel to select the chief election commissioner and election commissioners is deeply flawed. In seeking to do away with the non-partisan presence of a third member like the Chief Justice of India along with the Prime Minister, who heads the …

Bill proposes Cabinet minister, not CJI in selection panel to appoint CEC, ECs
1 year, 4 months ago

Bill proposes Cabinet minister, not CJI in selection panel to appoint CEC, ECs

Deccan Chronicle  

New Delhi: Future chief election commissioners and election commissioners will be selected by a three-member panel headed by the prime minister and comprising the leader of the opposition in the Lok Sabha and a Cabinet minister, according to a bill listed for introduction in the Rajya Sabha on Thursday. Before the Supreme Court ruling, the Chief Election Commissioner and election …

Supreme Court rules in favour of collegium-like appointments of EC
1 year, 10 months ago

Supreme Court rules in favour of collegium-like appointments of EC

Deccan Chronicle  

New Delhi: In a significant verdict that takes away the government’s power to appoint the Chief Election Commissioner and the two Election Commissioners in the Election Commission of India, the Supreme Court on Thursday ruled that these appointments will be done by the President on the advice of a committee comprising the Prime Minister, Leader of Opposition in the Lok …

‘Certain Section Of Media Turned Unashamedly Partisan; Huge Surge Of Money Power In Elections’: Supreme Court Observes In ECI Case
1 year, 10 months ago

‘Certain Section Of Media Turned Unashamedly Partisan; Huge Surge Of Money Power In Elections’: Supreme Court Observes In ECI Case

Live Law  

In the judgment recommending reform in the process of appointment of members of the Election Commission of India, the Supreme Court, on Thursday, made some crucial observations on democracy and the role of the Commission in upholding it. A Constitution Bench comprising Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar reckoned that in the backdrop of …

Supreme Court asks president to appoint CEC, ECs upon advice of committee
1 year, 10 months ago

Supreme Court asks president to appoint CEC, ECs upon advice of committee

Live Mint  

On March 2, the Supreme Court made a ruling regarding the appointment of the Chief Election Commissioner and elections commissioners in India. The court stated that the president will appoint these officials on the advice of a committee consisting of the prime minister, leader of the opposition in the Lok Sabha, and the Chief Justice of India. The Supreme Court …

Benchmarks for Election Commissions’ appointments
2 years ago

Benchmarks for Election Commissions’ appointments

The Hindu  

The way India’s constitutional and political structures have evolved over the years seems to have made elections almost a mechanistic and ritualistic exercise. Ambedkar said, “However good a Constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot. The working of a Constitution does not depend …

Malady and remedy: The Hindu Editorial on the collegium system of judicial appointments
2 years, 1 month ago

Malady and remedy: The Hindu Editorial on the collegium system of judicial appointments

The Hindu  

The collegium system of making appointments to the higher judiciary has come under focus, largely due to critical remarks made by Union Law Minister Kiren Rijiju. A lawyer has now formally approached the Supreme Court for reconsideration of its 2015 judgment striking down the Constitution amendment and the law creating a National Judicial Appointments Commission. While the petition will be …

Act now, recast the selection process of the ECs
2 years, 11 months ago

Act now, recast the selection process of the ECs

The Hindu  

The attendance of the Chief Election Commissioner and his Election Commissioner colleagues at an “informal” meeting with the Principal Secretary to the Prime Minister has brought renewed focus on the independence and impartiality of the Election Commission of India. For instance, the Citizens’ Commission on Elections, chaired by the retired Supreme Court judge, Justice Madan B. Lokur, in its report …

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