Examine the constitutional dispute settlement procedures between the states and the Union or between the states themselves. Talk about the Supreme Court’s involvement in resolving these disputes.
Model Answer Introduction In 2023, the government introduced the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Bill to regulate the appointment process of the Chief Election Commissioner (CEC) and Election Commissioners (ECs). TRead more
Model Answer
Introduction
In 2023, the government introduced the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Bill to regulate the appointment process of the Chief Election Commissioner (CEC) and Election Commissioners (ECs). This move follows a significant Supreme Court judgment in March 2023, which challenged the central government’s exclusive control over these appointments.
Supreme Court Judgment (March 2023)
- Issue at Hand: The Court examined a petition that questioned the existing practice, where the central government had sole discretion in appointing the CEC and ECs.
- Judgment Details: The Court ruled that the current system was unconstitutional, as it compromised the independence of the Election Commission (EC).
- Proposed Selection Committee: The Court established a new framework, recommending a committee consisting of the Prime Minister, Leader of the Opposition (or largest opposition party in Lok Sabha), and the Chief Justice of India (CJI) to recommend appointments.
- Reasoning: The Court emphasized the importance of an independent Election Commission to guarantee free and fair elections, which is crucial for India’s democracy.
Government Bill (August 2023)
- Objective: The Bill aims to formalize the process of appointing the CEC and ECs, replacing the existing system with a more structured framework.
- Proposed Selection Committee: The Bill suggests a committee comprising the Prime Minister, the Home Minister, and the Leader of Opposition in the Lok Sabha.
- Concerns: Critics argue that the inclusion of the Home Minister—an active political figure—compromises the neutrality of the selection process, unlike the CJI, who is seen as an independent authority.
- Deviating from Court Judgment: The Bill replaces the CJI with the Home Minister in the selection committee, which raises questions regarding the government’s commitment to judicial independence.
- Government’s Rationale: The government argues that Article 324(2) of the Constitution gives Parliament the power to enact such a law, asserting that the Bill is within constitutional limits.
Suggested Measures
- Enhancing Independence: Appointments should involve a bipartisan committee that includes a range of stakeholders. Additionally, the minutes of the selection committee should be made public to ensure transparency.
- Judicial Restraint: While judicial activism is essential, the judiciary must exercise caution to avoid overreach and only intervene when necessary to uphold the Constitution.
- Independent Election Commission: The EC should be granted full autonomy, with a dedicated cadre of officers responsible for election-related duties.
- Strengthening Infrastructure: Following the Supreme Court’s recommendation, the government should establish a permanent secretariat for the EC and ensure it has adequate funding and infrastructure.
Conclusion
The Supreme Court’s ruling and the government’s Bill highlight the delicate balance between ensuring an independent Election Commission and maintaining governmental oversight. It is vital to preserve the impartiality and transparency of the Election Commission to safeguard the integrity of India’s democratic process. The ongoing discourse around these issues must carefully weigh the principles of accountability, independence, and fairness to strengthen India’s electoral system.
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India has a federal system and hence it becomes important for union and state to work cooperatively. therefore, some constitutional mechanisms are made to keep the relationship frictionless. article 245 to 293 specify the legislative , administrative and financial relations to avoid any overlappingRead more
India has a federal system and hence it becomes important for union and state to work cooperatively. therefore, some constitutional mechanisms are made to keep the relationship frictionless. article 245 to 293 specify the legislative , administrative and financial relations to avoid any overlapping of power. the disputes are constitutionally solved through – inter state council under article 263 which inquires , investigate and make recommendations on the disputes between state and union or inter state, original jurisdiction of supreme court under article 131, zonal council and article 136 which allows the state government to move to courts for challenging the judgments of the tribunals specially in case of water disputes.
supreme court under article 131 exercises its original jurisdiction to solve disputes directly. The dispute may be related to a law and legal rights. However the jurisdiction of supreme court can be excluded by a treaty or agreement.
the court has exercised this power in cases like West Bengal vs Gov of India 2017 etc. The court can check the validity of law in terms of basic structure, violation of rights and excess of legislative competence. In doing so, court has made federal fabric of the constitution more strong.
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