Should there be a panel to appoint Election Commissioners?
2 years, 1 month ago

Should there be a panel to appoint Election Commissioners?

The Hindu  

With a Constitution Bench of the Supreme Court hearing a batch of petitions on having a neutral mechanism for the appointment of members of the Election Commission of India, the debate on having a collegium-like panel to select Election Commissioners has been revived. Now, the trick here is that the government, in its wisdom over the years, has been appointing people as ECs who do not even have six years before they complete 65 years of age, and therefore they attain 65 and they retire as an EC, or at best as the CEC after a tenure of one or two years as the CEC. While judges and lawyers and other people who deal with such matters could very well be appointed and even bureaucrats could be appointed at the appropriate age, the intention is not to give any EC or CEC confidence that he or she cannot be touched for the next six years. So, this issue of whether an EC and a CEC should have a fixed tenure of six years is extremely important, and I am very happy that the Constitution Bench in the Supreme Court took note of it on its own. And the short tenure is happening because since 1993, we have a multi-member ECI, and we have to see the combined tenure as EC and CEC, or 65 years of age, whichever is earlier.

Constitution Court Seniority Eci Supreme Important Six Years Cec Tenure Lop 65 Years Ecs Appoint Election Commissioners  ec  important  cec  election  commissioners  constitution  panel  seniority  appoint  supreme  ecs  court  tenure

History of this topic

Supreme Court to hear pleas challenging poll officers appointment law on Feb 4
17 hours, 46 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 …

System to pick election commissioners is valid even if no judge is on panel: Government
9 months, 2 weeks ago

System to pick election commissioners is valid even if no judge is on panel: Government

Hindustan Times  

New Delhi The Union government told the Supreme Court on Wednesday that it was justified in appointing two new election commissioners under a recently enacted statute because the new law envisions a “democratic, collaborative and inclusive” regime that cannot be faulted solely for not having a judge on the selection panel. The Centre’s affidavit on Wednesday said that it would …

Selection and election: On the appointment of Election Commissioners
9 months, 2 weeks ago

Selection and election: On the appointment of Election Commissioners

The Hindu  

The quick, if not hasty, filling up of two vacancies in the Election Commission of India has attracted justified criticism. The multi-member body got two new members within days of the resignation of Arun Goel, an Election Commissioner whose appointment itself came in the midst of a Constitution Bench hearing for a truly independent process of selecting members of the …

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 …

Congress leader moves SC seeking to restrain Centre from appointing new ECs
9 months, 4 weeks ago

Congress leader moves SC seeking to restrain Centre from appointing new ECs

The Hindu  

A plea has been filed in the Supreme Court seeking to restrain the Centre from appointing new election commissioners as per a 2023 law, the provisions of which have been challenged in the apex court. "That petitioner most respectfully submitted that in view of facts that election for Lok Sabha Election 2024 may be announced shortly, therefore appointment of member …

Congress Leader Moves SC Against Appointment of New CEC, ECs Before Lok Sabha Polls
9 months, 4 weeks ago

Congress Leader Moves SC Against Appointment of New CEC, ECs Before Lok Sabha Polls

News 18  

A fresh plea filed in the Supreme Court has sought to restrain the Bharatiya Janata Party-led Central government from appointing a Chief Election Commissioner and Other Election Commissioners. The plea further states that there’s urgency in the matter as Lok Sabha polls might be announced anytime soon and one Election Commissioner– Arun Goel– has already resigned. Appointment Of New ECs …

Panel, headed by Prime Minister Narendra Modi, likely to appoint new Election Commissioners by March 15
9 months, 4 weeks ago

Panel, headed by Prime Minister Narendra Modi, likely to appoint new Election Commissioners by March 15

The Hindu  

March 10, 2024 10:03 pm | Updated March 11, 2024 08:12 am IST - New Delhi: The two vacancies in the Election Commission, created by the surprise resignation of Arun Goel and the retirement of Anup Chandra Pandey, are likely to be filled by March 15, sources indicated on March 10. A high-level selection committee, headed by Prime Minister Narendra …

Election Commissioner Arun Goel resigns ahead of Lok Sabha elections; Opposition parties express deep concern
10 months ago

Election Commissioner Arun Goel resigns ahead of Lok Sabha elections; Opposition parties express deep concern

New Indian Express  

His tenure was till December 5, 2027, and he would have become Chief Election Commissioner after incumbent Rajiv Kumar retired in February next year. According to the new law on appointment of CEC and ECs, a search committee headed by the law minister and comprising two union secretaries will shortlist five names. Last year, the Supreme Court had dismissed a …

PM Modi to chair meet today to select new election commissioner
11 months ago

PM Modi to chair meet today to select new election commissioner

Hindustan Times  

Prime Minister Narendra Modi will on Wednesday chair the first meeting under the Chief Election Commissioner and Other Election Commissioners Act, 2023 to select a new election commissioner to replace Anup Chandra Pandey, who is due to retire on February 15. The new act, which came into effect on January 2, stipulates that the President will appoint CEC and ECs …

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 …

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 introduced to remove CJI from panel to select Election Commissioners
1 year, 4 months ago

Bill introduced to remove CJI from panel to select Election Commissioners

The Hindu  

In a controversial move, the Union Government on Thursday introduced a Bill removing the Chief Justice of India from a three-member panel to select the Chief Election Commissioner and Election Commissioners. Instead of the CJI, the three-member panel, when formed, would consist of a Cabinet Minister besides the Leader of Opposition in the Lok Sabha, and the Prime Minister, who …

What's the new bill that wants to keep chief justice out of selection process of poll officers?
1 year, 4 months ago

What's the new bill that wants to keep chief justice out of selection process of poll officers?

Firstpost  

The Centre on Thursday listed in the Rajya Sabha a bill that seeks to replace the Chief Justice of India on a panel advising the president on the appointment of top poll officers with a Union cabinet minister. “The appointment of Chief Election Commissioner and other Election Commissioners shall not be invalid merely by reason of any vacancy in or …

Bill lists cabinet minister’s inclusion over CJI in panel to appoint CEC, ECs
1 year, 4 months ago

Bill lists cabinet minister’s inclusion over CJI in panel to appoint CEC, ECs

Live Mint  

A bill scheduled for introduction in the Rajya Sabha proposes that a three-member committee led by the prime minister will be responsible for appointing future chief election commissioners and election commissioners. The Supreme Court, in its March ruling, intended to safeguard the appointment of the Chief Election Commissioner and election commissioners from any interference by the Executive branch. Before the …

Explained | Reform in Election Commission
1 year, 10 months ago

Explained | Reform in Election Commission

The Hindu  

The story so far: On Thursday, the Supreme Court ruled that the appointment of the Chief Election Commissioner and Election Commissioners by the President will be based on the advice of a three-member high-level committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha and the Chief Justice of India. A five-judge Constitution Bench headed by …

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 …

Should Election Commissioners Have Same Protection As CEC? Supreme Court Majority Says No, Justice Ajay Rastogi Says Yes
1 year, 10 months ago

Should Election Commissioners Have Same Protection As CEC? Supreme Court Majority Says No, Justice Ajay Rastogi Says Yes

Live Law  

In a plea recommending reforms in the process of making appointments to the Election Commission, a Constitution Bench of the Supreme Court, on Thursday, declared that the appointment to the post of the Chief Election Commissioner and the Election Commissioner would be done by a three-member committee till a new law is enacted by the Parliament. The committee would comprise …

SC: President to appoint CEC, ECs on advise of committee comprising PM, LoP, CJI
1 year, 10 months ago

SC: President to appoint CEC, ECs on advise of committee comprising PM, LoP, CJI

Deccan Chronicle  

New Delhi: In a landmark verdict aimed at insulating the appointment of Chief Election Commissioner and election commissioners from the executive's interference, the Supreme Court on Thursday ruled that their appointments will be done by the President on the advise of a committee comprising the prime minister, leader of opposition in the Lok Sabha and the Chief Justice of India. …

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 …

A person weak-kneed before the powerful cannot be appointed as Election Commissioner: Supreme Court
1 year, 10 months ago

A person weak-kneed before the powerful cannot be appointed as Election Commissioner: Supreme Court

The Hindu  

A Constitution Bench of the Supreme Court on March 2 directed in a landmark judgment that Chief Election Commissioner and Election Commissioners will be appointed by the President on the advice tendered by a committee of Prime Minister, Leader of Opposition in the Lok Sabha or the leader of the single largest party in opposition and the Chief Justice of …

Supreme Court Directs Appointment Of Election Commissioners On Advise Of Committee Comprising Prime Minister, Leader Of Opposition And CJI
1 year, 10 months ago

Supreme Court Directs Appointment Of Election Commissioners On Advise Of Committee Comprising Prime Minister, Leader Of Opposition And CJI

Live Law  

A Constitution Bench of the Supreme Court has ordered that Election Commissioners will be appointed by the President of India on the advice of a Committee consisting of the Prime Minister, and leader of Opposition in the Lok Sabha, and the Chief Justice of India.This practice will be enforced until a law in this regard is made by the Parliament, …

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 …

Collegium For Appointing Election Commissioners Will Enhance Their Independence : Former CEC SY Quraishi
2 years, 1 month ago

Collegium For Appointing Election Commissioners Will Enhance Their Independence : Former CEC SY Quraishi

Live Law  

Commenting that the system of appointment of Election Commissioners is defective, former Chief Election Commissioner Dr.SY Quraishi said the process should be revamped to ensure the neutrality and independence of the Election Commission of India.Speaking in an interview with LiveLaw, he said, "I have spoken on many occasions that the most powerful Commission in the world has the most. Commenting …

Space, not time: The Hindu Editorial on Election Commissioner tenures
2 years, 1 month ago

Space, not time: The Hindu Editorial on Election Commissioner tenures

The Hindu  

The ongoing hearing before a Constitution Bench of the Supreme Court of India on the need to have a neutral mechanism for appointment of Election Commissioners raises important questions on the election body’s functional independence. However, given the Court’s vocal concern about the ECI’s independence, the relevant question now is whether the Commissioners should be appointed on the recommendation of …

Moily, ex-CEC Quraishi support SC observation on appointment of CEC, EC
2 years, 1 month ago

Moily, ex-CEC Quraishi support SC observation on appointment of CEC, EC

Deccan Chronicle  

NEW DELHI: Former Union law minister M Veerappa Moily and ex-chief election commissioner S Y Quraishi on Wednesday supported a consultative mechanism to appoint the CEC and election commissioners, while another former head of the poll panel pushed for a body to appoint judges in the Supreme Court and the high courts. Another CEC, who did not wish to be …

Need Election Commissioner who can take on even the Prime Minister if needed: Supreme Court
2 years, 1 month ago

Need Election Commissioner who can take on even the Prime Minister if needed: Supreme Court

The Hindu  

The Supreme Court on Wednesday said the country needed Election Commissioners who would not shirk from even taking on the Prime Minister if required, and not just “weak-kneed” yes-men. The court said an Election Commissioner should be a person who could take a stand even risking his life, and not a docile “yes-man” whom the government knew would do its …

Inclusion Of CJI In Consultative Process For CEC Appointment Will Ensure Independence: SC
2 years, 1 month ago

Inclusion Of CJI In Consultative Process For CEC Appointment Will Ensure Independence: SC

ABP News  

New Delhi: The Supreme Court on Wednesday said the inclusion of the Chief Justice of India in the consultative process for the appointment of Chief Election Commissioner would ensure the independence of the poll panel. The Centre argued that a 1991 Act ensured the Election Commission remains independent in terms of salary and tenure to its members and there is …

'Silence of Constitution being exploited': SC calls out Centre over short tenures of CECs
2 years, 1 month ago

'Silence of Constitution being exploited': SC calls out Centre over short tenures of CECs

India TV News  

Highlights The court pointed out that since 2004, no chief election commissioner has completed six-year tenure In 10 years of UPA, they had 6 CECs and in present NDA, in nearly 8 years, it has had 8 CECs This is a disturbing trend as far as our country is concerned, said SC Supreme Court on CECs: The Supreme Court on …

CEC appointment panel: Wrong to assume having a judge will ensure transparency, Centre tells Supreme Court
2 years, 1 month ago

CEC appointment panel: Wrong to assume having a judge will ensure transparency, Centre tells Supreme Court

India TV News  

CEC appointment panel: The Centre today told the Supreme Court that it was a wrong assumption that the mere presence of someone from the judiciary in the panel for the appointment of Election Commissioners and the Chief Election Commissioner would ensure transparency and independence. The top court's remark came after the Centre claimed the present system of appointment of Election …

Election Commissioner may be honest, but can have definite political leaning: Supreme Court
2 years, 1 month ago

Election Commissioner may be honest, but can have definite political leaning: Supreme Court

The Hindu  

An Election Commissioner can be proficient, competent, completely honest and armed with an outstanding record of service, but he may have a definite political leaning which may end up displaying itself in office, a Constitution Bench of the Supreme Court said on Thursday. That is, the Election Commissioners just had to follow the rules and did not have to bother …

Plea for independent panel to appoint EC members
3 years, 7 months ago

Plea for independent panel to appoint EC members

The Hindu  

A petition was filed in the Supreme Court seeking the constitution of an independent collegium to appoint members of the Election Commission. The petition said the recommendation to have a neutral collegium to fill up vacancies in the Election Commission have been given by several expert committees, commissions from 1975. “The Election Commission is not only responsible for conducting free …

No person serving government can be appointed Election Commissioner: SC
3 years, 9 months ago

No person serving government can be appointed Election Commissioner: SC

Deccan Chronicle  

New Delhi: In a major ruling aimed at upholding the independence of the Election Commission, the Supreme Court on Friday said that no person serving the government could be appointed as Election Commissioner as they have to be independent and act independently. Gavai and Justice Hrishikesh Roy said that the independence of the Election Commission cannot be compromised at any …

The Election Commission must act tough
5 years, 8 months ago

The Election Commission must act tough

The Hindu  

The 2019 general election will long be remembered not just for the transgressions of the top political leadership, but also for the Election Commission itself being put in the dock. Then I remembered the words of Martin Luther King, Jr.: “Our lives begin to end the day we become silent about things that matter.” And Plato, “I will put down …

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