Former Supreme Court Justice Rohinton F Nariman opined that the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, passed by Rajya Sabha two days ago, should be struck down as it severely imperils the independence the Election Commission.
“We have to now see how this bill becomes an act and I am certain that it is going to be challenged. According to me, it should be struck down for asking as an arbitrary piece of legislation because it severely imperils the independence of the working of the Election Commission.”
Nariman stressed that this bill is fraught with the greatest danger and hoped that the same gets struck down.
"The Election Commission also, when this matter comes up before the SC, I hope this bill (which now will become an act) will be struck down. I sincerely hope. Because if it is not, then it is fraught with the greatest danger to democracy that I can see."
Nariman made these strong assertions while delivering the Smt Bansari Sheth Endowment Lecture titled "The Constitution of India: Checks and Balances."
Initially, he spoke about the Supreme Court decision passed by its constitutional Bench in Anoop Baranwal's matter. In this landmark judgment, the Court ordered that, until parliament passes a law, Election Commissioners will be appointed by the President of India on the advice of a Committee consisting of the Prime Minister, and leader of Opposition in the Lok Sabha (or leader of largest opposition party), and the Chief Justice of India. Sharing his insights on the same, Nariman stated:
“You remember I told you that the Supreme Court suggested that you have this collegium of three consisting of the PM, leader of the opposition and the Chief Justice. By the way, the Supreme Court did not pick up a rabbit from the hat. The Supreme Court picked up parliament's own practice. Because parliament in 2014, when you appointed the CBI director, somebody of far less relevance than the Election Commission, when you appointed the CBI director, you had the same three, by legislation. And look at what has happened today. The Supreme Court looking at the CBI legislation…suggested these three and these three gets subverted instantly by now passing a bill and it will become an act in no time, where you will have two from the executive against the leader of the opposition. Which is 2 to one always and outgoes the EC. So, there is not much point saying that you are going to appoint a person when you are not sure is going to be independent.”
Also Read - 'Recent Happenings In Country Disturbing' : Justice RF Nariman On BBC Raids, Governors' Inactions, ECI Bill, 370 Judgment
അഭിപ്രായങ്ങളൊന്നുമില്ല:
ഒരു അഭിപ്രായം പോസ്റ്റ് ചെയ്യൂ