oppn parties Is The Judiciary Stepping In Executive Domain?

News Snippets

  • Supreme Court rules that functional disability should be the deciding factor in granting road accident damages and not any doctor-issued disability certificate
  • Supreme Court flagged the fact that nearly 56% of the vehicles plying in India were uninsured and asked the government to challan them
  • An Air India flight from Phuket to Delhi encountered severe turbulence and 17 passengers were admitted to hospital with injuries
  • Calcutta HC said that heavens won't fall if Vande Matram is made mandatory to sing in madrasas
  • Kolkata Municipal Corporation has sought government nod for increasing city's wards to 200+ to keep residents in each ward between 16000 to 18000
  • Government has said that partially filled online Census forms may be allowed
  • Government may allow fees on UPI payments above Rs 2000, except on transfer between two individuals
  • Brent crude falls below $80 per barrel
  • Government has increased the LIC offer for sale to Rs 31,400cr with an additional 4% on the block
  • Stock markets become nervous on Tuesday due to Gulf situation: Sensex slides 210 points and Nifty sheds 159 points ahead of RBI MPC meets today
  • Indian cricket team lands in Sri Lanka for a 2-Test series
  • A former French Navy pilot who had alleged that IAF had lost Rafales during Operation Sindoor has been held in France on spying charges
  • An ordinary zari worked living just 100km away from Kolkata was stunned to find Rs 100cr deposited in the bank account. The bank has frozen her account pending enquiry
  • Businessmen in Kolkata gets a Rs 5-crore extortion call, allegedly from the Lawrence Bishnoi gang
  • NTA floats tenders to secure offices and exam materials round-the-clock
Tarun Tejpal, former editor of Tehelka, was sentenced to 10 years in jail by Bombay HC for raping a colleague. This judgment overturns the acquittal by a Goa sessions court
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.