oppn parties Is The Judiciary Stepping In Executive Domain?

News Snippets

  • Supreme Court questions the continuing relevance of two-child norms. The Court observed that falling fertility rates have weakened the population-control rationale behind laws disqualifying people with more than two children from contesting local body elections. It referred the issue to a larger Bench for consideration
  • Supreme Court declines to shift Tirupati laddu case outside Andhra Pradesh. The Court rejected a plea seeking transfer of the trial, despite arguments that political statements by Andhra Pradesh's Chief Minister and Deputy Chief Minister could affect the fairness of proceedings
  • Supreme Court transfers Azam Khan's fresh ED bail plea to Allahabad High Court. The apex court declined to consider the Samajwadi Party leader's bail request in a fresh Enforcement Directorate case and directed that it be listed before a division Bench of the High Court on November 16
  • Two killed in Delhi building collapse; contractor booked. Two bodies were recovered after a building collapsed in Chawri Bazaar. Delhi Chief Minister Rekha Gupta said the contractor had been booked and the concerned junior and assistant engineers suspended
  • Uttar Pradesh voter rolls show a 2.4-crore discrepancy. A difference of approximately 2.4 crore names has been reported between the state's panchayat and rural Assembly voter lists. The Election Commission has ordered the two sets of rolls to be matched
  • Gujarat announces 3% dearness allowance hike. The state government announced a three-percentage-point increase in dearness allowance for government employees and pensioners ahead of Diwali
  • Sensex and Nifty post their strongest single-day gains in months. The Sensex surged 2,008.61 points, or 2.60%, to close at 79,310.01, while the Nifty 50 climbed 576 points, or 2.40%, to 24,536.60. Financial and automobile stocks led the rally, supported by falling crude prices and renewed foreign investor buying
  • Maaya Rajeshwaran reaches WTA-level quarter-final. The 17-year-old Indian defeated Poland's Weronika Falkowska 6-4, 6-3, becoming the first Indian woman since Sania Mirza in 2012 to reach a quarter-final at a WTA Tour-level singles event
  • Tanvi Patri reaches Youth Olympics badminton final. The 15-year-old defeated Japan's Yuzuno Watanabe in the semi-final, assuring India of a medal and becoming the first Indian badminton player to reach the girls' singles final at the Youth Olympics
  • India beat Pakistan 3-2 in SAFF Championship. India defeated Pakistan in a closely contested match, having led 3-0 before conceding two late goals. The victory was reported as a significant result for India's second-string side
  • India beat Japan 4-1 to win a record sixth Asian Champions Trophy. India recovered from an early deficit to defeat Japan in the final at Mohali, extending its record as the tournament's most successful men's team
  • The Supreme Court issued notice to the Centre and the Election Commission on a petition challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which grants the CEC and Election Commissioners protection from legal proceedings for acts performed in their official duties. The petition argues that such blanket immunity could leave citizens without an effective remedy for alleged wrongdoing by the Commission
  • The Supreme Court told voters whose names were deleted from Delhi's draft electoral rolls not to be apprehensive about seeking re-enrolment through Form 6, after the Election Commission assured it that such applicants would not be prosecuted merely because their names had appeared in earlier rolls
  • Congress leader Rahul Gandhi opened the party's campaign for the 2027 Punjab Assembly elections with an Insaaf rally in Sangrur, Chief Minister Bhagwant Mann's home district, accusing the AAP government of failing to control drugs, gangster violence and corruption. Congress president Mallikarjun Kharge outlined six commitments, including a drug-free Punjab, protection of farmers, employment for young people and action against corruption
  • Rahul Gandhi accused the AAP government of running Punjab through a remote control from Delhi and questioned Bhagwant Mann's ability to tackle drug abuse, making personal allegations about the Chief Minister's conduct during their time together in Parliament
Stock markets on fire due to US results, Sensex gains 2008 points to reach its highest level in 8 months
oppn parties
Is The Judiciary Stepping In Executive Domain?

By Sunil Garodia
First publised on 2022-11-24 05:56:50

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

The tug of war in the Supreme Court, with the 5-judge bench making several pertinent observations regarding the continued assault on the independence of the Election Commission as, in its view, the appointment process of election commissioners was not transparent and the government arguing that the appointment was the exclusive preserve of the executive, basically stems from the fact that political parties in India have never displayed the will to go for much needed electoral reforms. Since the courts have had to step in to trigger the introduction of such basic reforms as to ensure that criminal records of all candidates, the list of their assets and educational qualifications were published and those with convicted of a crime that carries a punishment of two years' (or even less in some cases) of imprisonment were disqualified to contest elections, it is clear that politicians by themselves would not like to change the status quo.

It is in this respect that the Supreme Court, hearing a bunch of pleas on the process of appointing election commissioners, has sought to intervene and find out if the government is acting against the Constitution in such appointments. The judges have opined that successive governments have used the "silence of the Constitution" on this issue to abrogate exclusive power. Although the Election Commission, a statutory body that is independent for all practical purposes, has been doing exemplary work in conducting the world's largest elections and is largely seen to be free of bias, the point which the bench has raised cannot be ignored. The process of appointing election commissioners needs to be much more transparent that it is now.

But for that, judicial intervention in the form of the chief justice of India sitting on the selection committee is not needed. As per separation of powers, even though the Constitution is silent on this issue, the executive must have the right of such appointments. The only need is to streamline the process through consultations between all political parties and, if needed, the enactment of a separate law. The government must not play favourites and it must be on paper how the election commissioners will be selected. For, when it comes to the crunch, if the election commissioners know they have been appointed as per law as they were the most eligible, they will not be beholden to the powers-that-be and could carry out their duties fearlessly and in a fair manner.