Centre defends CEC panel without CJI, Pg14

Key Highlights:

• The Union government defended the exclusion of the Chief Justice of India (CJI) from the Chief Election Commissioner (CEC) selection panel in the Supreme Court.
• Petitions challenged the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023.
• The 2023 Act replaced the CJI with a Cabinet Minister in the selection committee, overturning the Anoop Baranwal case judgment.
• The Supreme Court questioned the lack of a neutral person and the executive's dominant presence in the panel.

Detailed Insights:

• The government argued that if the Prime Minister's decision cannot be trusted, then an "outsider" or former judge should also advise on Cabinet Minister appointments.
• The Solicitor-General cited the Manoj Narula case (2014), emphasizing the constitutional trust and sanctity of the Prime Minister's office.
• Justice Dipankar Datta stressed the principle of "justice not only being done, but shown to be done" regarding the appointment procedure.
• The court highlighted the "two versus one" composition, where two members are from the Executive and one from the Opposition, raising concerns about fairness.
• The Anoop Baranwal judgment (March 2023) called for an end to government monopoly and "exclusive control" over appointments to the Election Commission of India.
• The Supreme Court reserved judgment on whether to refer the case to a five-judge Constitution Bench.

Key Concepts Involved:

• Chief Election Commissioner (CEC): Head of the Election Commission of India, responsible for conducting free and fair elections.
• Election Commission of India (ECI): An autonomous constitutional body responsible for administering election processes in India.
• Anoop Baranwal case: A landmark Supreme Court judgment that mandated a selection panel including the Prime Minister, Leader of Opposition, and CJI for CEC appointments.
• Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023: A law that changed the CEC selection panel, replacing the CJI with a Cabinet Minister.
• Separation of Powers: The division of governmental responsibilities into distinct branches to prevent the concentration of power.