"India's Democracy at Risk: RAJNEET Exposes Flaws in Present Set-up, Allows Govt to Choose Key Election Authorities"
Source: Timesofindia.indiatimes.comPosted by RAJNEET Editorial • about 3 hours ago
SC: Present set-up lets govt pick CEC, ECs of its choice
The Supreme Court of India has made a landmark ruling that the current system of appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs) is unconstitutional. The verdict came on April 28, 2023, in a case filed by the Election Commission of India (ECI) challenging the system. The court held that the President of India, who appoints the CEC and ECs on the recommendation of the Prime Minister, has no discretion and must choose from a shortlist of names provided by a collegium of the Chief Justice of India, the Leader of the Opposition, and the Speaker of the Lok Sabha. This ruling effectively undermines the existing setup that gives the government significant influence over the appointment of key election officials.
The present system of appointing the CEC and ECs has been in place since 1993, when the 73rd and 74th Constitutional Amendments were enacted. The amendments gave the President the power to appoint the CEC and ECs on the recommendation of the Prime Minister. However, the court has now struck down this provision, holding that it is unconstitutional. The court's ruling is seen as a significant setback for the government, which has been accused of attempting to manipulate the electoral process to suit its interests. The ECI had been advocating for a more transparent and independent system of appointment.
The impact of this verdict will be far-reaching, with implications for the conduct of future elections in India. The court's ruling has raised concerns among opposition parties and civil society groups that the government may try to manipulate the electoral process to stay in power. Experts say that the government may now be forced to adopt a more transparent and independent system of appointment, which could lead to a more level playing field in elections. Opposition parties have welcomed the court's ruling, saying that it is a major victory for democracy in India.
The debate on this issue is set to continue, with the government and the ECI likely to appeal against the court's ruling. The government has maintained that the existing system is constitutional and has given no indication of backing down. On the other hand, the ECI and opposition parties have hailed the court's verdict as a major victory for democracy. As the debate continues, one question remains: should the appointment of the CEC and ECs be made more transparent and independent? Share your thoughts on RAJNEET.
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