This is the first time a consultative process to appoint an Election Commissioner is being used. It was put in place after a Supreme Court verdict and a new law. Here is what the change is, and what prompted it.Election Commissioner Anup Chandra Pandey is set to retire on February 14, and his successor will be picked through a consultative process being adopted for the first time. Four petitions were filed before the apex court in 2015, 2017, 2021, and 2022, which broadly called for a fair and transparent system to choose Election Commissioners. On October 23, 2018, while considering the 2015 petition, a two-judge bench felt that the matter required interpretation of Article 324 of the Constitution, which deals with the role of the Election Commission of India. This issue hadn’t been discussed before in the Supreme Court, and so it was referred to a constitution bench. In September 2022, a five-judge Constitution bench led by Justice KM Joseph started hearing the petitions. The petitioners pointed out that Article 324(2) specifies the President’s role in appointing Election Commissioners, with the caveat that this appointment is subject to any law passed by Parliament. However, successive governments had not shown any inclination to enact such a law. They criticized the current appointment system for being opaque and said it raises doubts about the institution’s independence. They called for a consultative process in which a collegium or a body of persons is tasked with the responsibility to select the Election Commissioners. The power to make appointments rested exclusively with the Executive (read: the Union government). The government maintained a database of serving and retired officers, primarily Secretaries to the Government of India and Chief Secretaries, from which the Law Ministry would create a shortlist. The Prime Minister held the power to decide the appointment, with the President formally appointing the chosen candidate. Notably, past Election Commissioners were predominantly retired officers of the Indian Administrative Services (IAS), with very few exceptions The Centre introduced a Bill in Parliament in August last year, outlining a procedure for appointing Election Commissioners. Since the Court had specified that its appointment norms are “subject to any law to be made by Parliament,” the government was well within its right to bring a Bill. However, the appointment process proposed in the Bill raised concerns regarding its potential to undermine the reforms sought by the Court. The Bill, passed by Parliament in December 2023, establishes a committee comprising the Prime Minister, the Leader of Opposition in the Lok Sabha, and a Cabinet Minister nominated by the PM. The selection will be made from five names shortlisted by a screening panel headed by the Law Minister and comprising two Union secretaries. The composition of the committee was criticized by the Opposition. This is because, as per the intent of the Constitution’s framers, the Election Commission should be an independent body. The proposed committee’s composition effectively sidelines the Leader of Opposition, who could be consistently outvoted by the Prime Minister and the union minister. This Bill was passed by Parliament in December 2023 and the President gave her assent within a week..
Subscribe Drishti Teaching Exams Channel :
/ @drishtiteachingexams
=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵
NCERT कोर्स में नामांकन के लिये इस लिंक पर क्लिक करें :
www.drishtiias.com/hindi/onli...
NTA/ UGC-NET पेपर-1 कोर्स में नामांकन के लिये इस लिंक पर क्लिक करें :
www.drishtiias.com/hindi/onli...
=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵
𝐆𝐒 𝐅𝐨𝐮𝐧𝐝𝐚𝐭𝐢𝐨𝐧 𝐂𝐨𝐮𝐫𝐬𝐞 (𝐏𝐫𝐞𝐥𝐢𝐦𝐬 + 𝐌𝐚𝐢𝐧𝐬) 𝐎𝐧𝐥𝐢𝐧𝐞/𝐏𝐞𝐧𝐝𝐫𝐢𝐯𝐞 𝐌𝐨𝐝𝐞:
👉 For 𝐟𝐞𝐞, 𝐀𝐝𝐦𝐢𝐬𝐬𝐢𝐨𝐧 and 𝐨𝐭𝐡𝐞𝐫 𝐝𝐞𝐭𝐚𝐢𝐥𝐬 of this course visit this link: drishti.link/Online-Course or download the 𝐃𝐫𝐢𝐬𝐡𝐭𝐢 𝐋𝐞𝐚𝐫𝐧𝐢𝐧𝐠 𝐀𝐩𝐩.
👉 To know the 𝐝𝐞𝐭𝐚𝐢𝐥𝐬 𝐨𝐫 𝐭𝐨 𝐫𝐞𝐠𝐢𝐬𝐭𝐞𝐫 through our website click on this link: drishti.link/foundation-course
👉 𝐓𝐨 𝐠𝐞𝐭 𝐭𝐡𝐞 𝐝𝐞𝐭𝐚𝐢𝐥𝐬 about this 𝐖𝐡𝐚𝐭𝐬𝐀𝐩𝐩 𝐨𝐫 𝐒𝐌𝐒 "𝐆𝐒" on this number: 𝟗𝟑𝟏𝟏𝟒𝟎𝟔𝟒𝟒𝟐
=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵
𝐏𝐞𝐧𝐝𝐫𝐢𝐯𝐞 𝐂𝐨𝐮𝐫𝐬𝐞𝐬 (𝐇𝐢𝐧𝐝𝐢 𝐋𝐢𝐭𝐞𝐫𝐚𝐭𝐮𝐫𝐞 𝐚𝐧𝐝 𝐨𝐭𝐡𝐞𝐫𝐬):
👉 For 𝐟𝐞𝐞, 𝐀𝐝𝐦𝐢𝐬𝐬𝐢𝐨𝐧 and 𝐨𝐭𝐡𝐞𝐫 𝐝𝐞𝐭𝐚𝐢𝐥𝐬 of 𝐏𝐞𝐧𝐝𝐫𝐢𝐯𝐞 𝐂𝐨𝐮𝐫𝐬𝐞 (Hindi Literature and other courses): bit.ly/2vGNj72
👉 𝐃𝐞𝐦𝐨 𝐜𝐥𝐚𝐬𝐬 playlist- bit.ly/2qyY1cW
=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵=̵
#appointmentofelectioncommissioners #upsc #currentaffairs #drishtiias
Негізгі бет Appointment of Election Commissioners | UPSC | Indepth | Drishti IAS
Пікірлер: 185