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Supreme Court News:  The selection process of the Central Chief Election Commissioner and Election Commissioners is often questioned. On this issue, the Supreme Court has now directly raised questions on this selection process. “During the hearing held in the Supreme Court on Thursday, the court has drawn strong words on this. The court has laid special emphasis on the autonomy of the Commission, clarifying that the selection process of the Election Commission should be completely independent, fair and transparent.

The Supreme Court is hearing petitions challenging the constitutional validity of the 2023 Act regarding the appointment process of the Chief Election Commissioner (CEC) and Election Commissioner (EC). In this hearing, the Central Government strongly supported the law and presented its position before the court that it should not interfere in the decision of Parliament.

‘Autonomy should be visible to the public, not just on paper’

It is not enough for the Election Commission to work independently, its autonomy should also be clearly visible to the general public. At the same time, the court directly asked the Central Government, “Why did Parliament exclude the Chief Justice of India (CJI) from the Election Commissioner Selection Committee while enacting the law?” The Supreme Court also raised this question.

While responding to this direct and serious question raised by the Supreme Court, the Central Government strongly objected to the court’s stand. Now everyone’s attention is on the further legal developments in this case and the detailed response of the government.

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The hearing of this case was held before a bench of Justices Dipankar Dutta and Satish Chandra Sharma. This time, the Chief Justice is included in the selection committee for the appointment of the CBI Director and the Lokpal. Then, the bench also raised the question of why the Chief Justice was not included in the appointment of important posts like the Chief Election Commissioner and other Election Commissioners, what are the reasons behind it. Not only this, the decision of the Central Government to transfer this matter to a larger Constitution Bench was reserved.

What is in the 2023 Act?

In 2023, the Central Government will The Act on Terms and Tenure was passed. According to this Act, the Chief Election Commissioner and Election Commissioners are appointed by the President. For this, the recommendation of a selection committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha and Union Ministers nominated by the Prime Minister is required.

Earlier in 2023, a five-judge Constitution Bench of the Supreme Court had given an interim order that the Appointments Committee should include the Prime Minister, the Chief Justice and the Leader of the Opposition till Parliament enacts a law. Later, Parliament enacts a law and replaces the Chief Justice with Union Ministers.

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‘Do not assume no-confidence in the Prime Minister’

During the hearing, Solicitor General Tushar Mehta argued before the court. “The court should not hear the case assuming that the Prime Minister will act against democratic and constitutional principles. , The post of Prime Minister is of utmost prestige and constitutional importance. It would not be right to conclude that the government or the Prime Minister will take malicious decisions based on sheer numbers alone. He also raised the question that if the Prime Minister’s decisions are not to be trusted, then the Cabinet should be forced to consult outsiders or former judges for other decisions as well.

‘Do not question the decision of Parliament’

Attorney General R. Venkataramani and Solicitor General Tushar Mehta urged the court to respect the validity of the law passed by Parliament. R. Venkataramani said, “The legal decision of Parliament cannot be questioned just because another option seems more suitable. The legislature, the executive and the judiciary are three separate organs of the Constitution, and mutual respect for the rights of each should be maintained.

Court emphasizes impartiality

This time, the Supreme Court bench clarified that this is not a question of no-confidence in the Prime Minister. However, a constitutional body like the Election Commission must be completely independent and impartial. Justice should not only be done, but it should also be seen to be done. Similarly, impartiality in the appointment process of the Election Commissioner should not only be there, but it should also be clearly visible,” the bench observed.