Choosing the watchdog : On Election Commissioners appointment
The Supreme Court of India verdict on manner of choosing election panel is a boost to its independence
The Supreme Court of India verdict taking-away the power to appoint members of the Election Commission of India (ECI) from the sole domain of the executive is a major boost to the independence of the election watchdog. The Court has ruled that a three-member committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, or the leader of the single largest Opposition party, and the Chief Justice of India (CJI), will choose the Chief Election Commissioner (CEC) and Election Commissioners (EC) until a law in passed. As a constitutional body vested with plenary powers of superintendence , direction and control over elections, the ECI is a vital component of the republic that requires functional freedom and constitutional protection to ensure free and fair elections. It has been the practice that the President appoints the CEC and ECs on the advice of the Prime Minister, but the Constitution-Bench has pointed out that the original intent of the Constitution makers was that the manner of appointment should be laid-down in a parliamentary law. Article 324 says the President should appoint the CEC and Commissioners, subject to any law made in that behalf by Parliament. However, successive regimes have failed to enact a law. Justice K.M. Joseph, who has authored the main verdict, has based the Court’s decision on “the inertia ” of the legislature and the perceived vacuum in the absence of a law.
Few would disagree with the Court’s fundamental proposition that the election watchdog should be fiercely independent and not be beholden to the executive; and there should be no room for an appointing authority to expect reciprocity or loyalty . The government’s argument that the existing system was working well and there was no vacuum was quite weak, as, admittedly , the convention now is that the Prime Minister chooses a name from among a database of high-ranking civil servants and advises the President to make the appointment. However, a relevant question is whether the presence of the CJI in the selection panel is the only way in which an institution’s independence can be preserved . There is no clear proof that the independence of the Central Bureau of Investigation Director, who is appointed by a panel that includes the CJI, or his nominee , has been preserved or enhanced . Further, the CJI’s presence may give pre-emptive legitimacy to all appointments and affect objective judicial scrutiny of any error or infirmity in the process. On its part, the government will be well-advised to enact a law — but not one that seeks to preserve the current convention to get-around the verdict — that is in tune-with the spirit of the Court’s emphasis on the ECI’s independence.
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Enact (verb) – make law, pass, approve, ratify, validate, sanction, क़ानून बनाना
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Inertia (noun) – Disinterest, inactivity, Unwillingness, lethargy जड़ता/निष्क्रियता
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Seek (verb) – try, attempt, endeavour, strive, प्रयास करना
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Proposition (noun) – proposal, suggestion, thesis, premise
प्रस्ताव
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Vacuum (noun) – a situation from which something is missing or lacking
खालीपन
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Regime (noun) – government, administration
शासन
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Practice (noun) – Habit, custom, tradition, way, system, procedure, manner
प्रथा
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Successive (adjective) – succeeding, in succession, following
एक के बाद एक आने वाला
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Perceived (adjective) – apparent, professed, supposed, seeming
कथित
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Convention (noun) – way, custom, usage, way, habit, norm
परंपरा, प्रथा
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Enhance (verb) – improve, increase, strengthen, raise, boost
बढाना
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Legislature (noun) – The legislative body of a country or state
विधायिका
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Verdict (noun) – Decision, adjudication, decree, judgement
फ़ैसला
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Existing (adjective) – current
मौजूदा
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Legitimacy (noun) – validity, justification, soundness, well-foundedness
वैधता
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Argument (noun) – the reason(s) that you give to support your opinion about something
तर्क, दलील, युक्ति
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Constitution bench (noun) – Constitution bench is the name given to the benches of the Supreme Court of India which consist of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India
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Rule (verb) –decree, order, direct, pronounce, make a judgement
फैसला/ निर्णय करना
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Scrutiny (noun) – Inspection, examination, enquiry
जांच
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Domain (noun) – field, area, arena, sphere
कार्यक्षेत्र
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Watchdog (noun) – Ombudsman, monitor, scrutineer, inspector, observer
पर्यवेक्षक
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Take away (phrasal verb) – remove, withdraw, seize
हटाना, छीनना
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Sole (adjective) – only, exclusive, singular, solitary, individual
एकमात्र
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Executive (noun) – The executive branch of the government, including the president, the cabinet, and several departments, manages the duties of government and its laws.
कार्यपालिका
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Vest (with) (verb) – to grant power, rights, or ownership to someone.
निहित होना
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Plenary power (noun) – A plenary power or plenary authority is a complete and absolute power to take action on a particular issue, with no limitations.
पूर्ण शक्ति
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Superintendence (noun) – supervision, oversight, direction, management
पर्यवेक्षण
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Vital (adjective) – crucial, essential, necessary, important, imperative
आवश्यक/महत्वपूर्ण
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Point out (phrasal verb) – indicate, specify, detail, mention, refer to
दिखाना
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Intent (noun) – aim, purpose, intention, objective, target
मंशा/ इरादा
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Lay down (phrasal verb) – establish, formulate, prescribe, stipulate, set
निर्धारित करना
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Parliamentary law (noun) – the body of law which governs the conduct of the meeting of a legislative body.
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Subject (to) (adjective) – depending on something as a condition
(शर्त के रूप में) किसी बात पर निर्भर
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Author (verb) – to create something or formally suggest it
(फैसला) लिखना
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Fiercely (adverb) – aggressively, intensely, passionately
जमकर
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Beholden (to) (adjective) – Obliged, duty-bound, in someone's debt
के अधीन होना
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Room (noun) – space, scope, opportunity
गुंज़ाइश
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Reciprocity (noun) – behaviour in which two people or groups of people give each other help and advantages
आपस के संबंध का
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Loyalty (noun) – devotion, allegiance, faithfulness, constancy
निष्ठा
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Admittedly (adverb) – Certainly, undoubtedly, without a doubt, unquestionably
स्वीकारते हुए भी
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Preserved (adjective) – Maintained, conserved, protected, upheld
संरक्षित
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Pre-emptive (adjective) – preventive, anticipatory, precautionary, prescient, preparatory
अग्रिम
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Infirmity (noun) – lack of strength; Weakness, frailty, feebleness
दुर्बलता/ कमजोरी
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Get around (phrasal verb) – deal successfully with a problem; overcome, surmount, sort out
बच निकलना
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In tune with (phrase) – in accordance with
के अनुरूप होना
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Spirit (noun) – essence, nature, character, temperament
आत्मा/ भावना
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Emphasis (noun) – focus, stress, significance, importance
प्रमुखता, ज़ोर
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Nominee (noun) – a person who has been officially suggested for a position
उम्मेदवार