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CJI in the Driver's Seat? Petition Aims to Reshape Electoral Commission Selection

 

A new plea filed in the Supreme Court seeks a significant shift in the process of appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs) in India. The petition proposes bringing the Chief Justice of India (CJI) into the selection committee, aiming to bolster the autonomy and credibility of the Election Commission (EC).

Current Selection Process:

Under the current legal framework, the President appoints the CEC and ECs based on recommendations from a committee comprising the Prime Minister (PM), the Leader of the Opposition (LoP), and the Chief Justice of India (CJI). However, the CJI's participation has been limited to offering non-binding advice.

The Argument for Change:

The petitioners argue that including the CJI as a full voting member in the selection committee would be beneficial for several reasons:

  • Enhanced Legitimacy: The CJI's presence could lend further legitimacy and impartiality to the selection process, potentially reducing accusations of political bias or interference.
  • Judicial Expertise: The CJI's legal acumen and experience in upholding constitutional principles could contribute valuable insights to the selection process.
  • Greater Independence: The CJI's presence could act as a counterbalance to potential political influence from the PM and LoP.

Potential Concerns:

Some concerns have been raised regarding the proposed change:

  • Separation of Powers: Some argue that including the CJI in a purely executive function like selection could disrupt the separation of powers between the judiciary and the executive.
  • Potential Politicization: Others worry that the CJI might become embroiled in political controversy due to their involvement in the selection process.

The Road Ahead:

The Supreme Court is expected to hear the petition and weigh the arguments on both sides. The decision could have a significant impact on the future of the Election Commission and the electoral process in India.

Key Points to Consider:

  • The petition seeks to include the CJI as a full voting member in the committee for selecting the CEC and ECs.
  • The primary purpose is to enhance the legitimacy, impartiality, and independence of the selection process.
  • Potential concerns regarding separation of powers and politicization need to be addressed.
  • The Supreme Court's decision will shape the future of the Election Commission and India's electoral landscape.

  (With input from news agency language)
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