The Supreme Court of India has given a landmark judgment today (2nd March 2023) regarding the appointment of Chief Election Commissioner and Elections Commissioners. A 5 judge Constitution Bench headed by Justice KM Joseph participated in the decision making process to promote the most basic democratic ideal that all elections should be fairly organized in the country.
Views of The 5 Judge Constitution Bench Headed by Justice KM Joseph: Elections Should be Fair
Appointment of Chief Election Commissioner
The PM, Leader of Opposition and CJI will partake in the procedure of appointment of Chief Election Commissioner and Elections Commissioners until a new procedural law is not formulated by the Parliament in this regard.
This tentative committee will forward its report to the President of India who in turn will be responsible for making the appointment of Chief Election Commissioner and Elections Commissioners.
In absence of the Leader of Opposition, the leader of the single largest opposition party can substitute him in the Committee.
Appointment of Chief Election Commissioner
Underlying Principle: Elections Should be Fair
The Supreme Court said in the judgment, “In a democracy, the purity of election must be maintained or else it would lead to disastrous consequences…The Election Commission has to be independent, it cannot claim to be independent then act in an unfair manner.” With the idea that elections should be fair, the 5 Judge Constitution bench headed by Justice KM Joseph has ideated a system just like the Collegium for the appointment of Chief Election Commissioner and Elections Commissioners. The move of the Court has been appreciated by Bengal CM Mamta Banerjee who has labeled it as a ‘democratic victory’.
For more updates keep visiting our website www.topstoriesworld.com where we provide unbiased, true and top stories of the world.
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Appointment of Chief Election Commissioner
The PM, Leader of Opposition and CJI will partake in the procedure of appointment of Chief Election Commissioner and Elections Commissioners until a new procedural law is not formulated by the Parliament in this regard.
This tentative committee will forward its report to the President of India who in turn will be responsible for making the appointment of Chief Election Commissioner and Elections Commissioners.
In absence of the Leader of Opposition, the leader of the single largest opposition party can substitute him in the Committee.
Appointment of Chief Election Commissioner
Underlying Principle: Elections Should be Fair
The Supreme Court said in the judgment, “In a democracy, the purity of election must be maintained or else it would lead to disastrous consequences…The Election Commission has to be independent, it cannot claim to be independent then act in an unfair manner.” With the idea that elections should be fair, the 5 Judge Constitution bench headed by Justice KM Joseph has ideated a system just like the Collegium for the appointment of Chief Election Commissioner and Elections Commissioners. The move of the Court has been appreciated by Bengal CM Mamta Banerjee who has labeled it as a ‘democratic victory’.
For more updates keep visiting our website www.topstoriesworld.com where we provide unbiased, true and top stories of the world.
