GREASED LIGHTNING
India Legal|December 12, 2022
During a hearing, the lightning speed with which the present EC was appointed came under the scanner. Is a collegium model of appointment, like that for information commissioners, the answer?
Sanjay Raman Sinha
GREASED LIGHTNING

DURING a recent hearing, the Supreme Court took the government to task over the appointment of election commissioners. The Constitution bench headed by Justice KM Joseph was hearing petitions seeking a collegium-type body to appoint Election Commissioners (ECs) and the Chief Election Commissioner (CEC).

"Why the tearing hurry to appoint the Election Commissioner," the bench quizzed the government. It was referring to the "lightning speed" with which the file to appoint Arun Goel as EC was processed; within 24 hours, he was appointed. The Court added that it was not questioning the merit of Goel's appointment, but it wanted the government to explain the criteria used to select the CEC and ECs.

Justice Joseph highlighted many instances of CECs who served for a very short time since 2007, saying that even though the government is aware of the candidates' date of birth, it still chooses individuals who won't serve out the full six-year term. A CEC's tenure is set at six years by the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, but he is required to resign when he turns 65.

Government, Judiciary Standoff over Collegium System

The law minister's comments over the "opacity" of the collegium system has stoked fires once again with the judiciary

Union Law Minister Kiren Rijiju, while making a scathing comment about the functioning of the Supreme Court collegium, said judges spend half their time behind the closed door of collegiums deciding on judges' names to be appointed, while the work of dispensing justice remains pending.

Denne historien er fra December 12, 2022-utgaven av India Legal.

Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.

Denne historien er fra December 12, 2022-utgaven av India Legal.

Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.

FLERE HISTORIER FRA INDIA LEGALSe alt
PIL, Difficult To Swallow?
India Legal

PIL, Difficult To Swallow?

In a recent ruling, the Bombay High Court lamented the increasing number of frivolous public interest litigations being filed in courts and echoed the sentiments of the Supreme Court that such litigations are the bane of the judicial system. Is there any way to restrict their misuse?

time-read
6 mins  |
February 13, 2023
Till Infertility Do Us Part...
India Legal

Till Infertility Do Us Part...

The Calcutta High Court slammed a husband for initiating divorce proceedings due to his wife's infertility and asked him to be a pillar of support for her. Courts have often taken an empathetic view in such matters

time-read
4 mins  |
February 13, 2023
IS THAT LEGAL?
India Legal

IS THAT LEGAL?

Ignorance of law is no excuse. Here are answers to frequently asked queries regarding matters that affect us on a day-to-day basis

time-read
3 mins  |
February 13, 2023
The Big Lie
India Legal

The Big Lie

In America, The Big Lie is an idiom used by Donald Trump's opponents and the media to describe his constant gripe about election fraud. Now, it seems more suited to another Republican, Congressman George Santos (right), who has been facing growing calls to resign after he admitted fabricating parts of his resume and biography since his election in New York last year.

time-read
1 min  |
February 13, 2023
Flying into the Sunset
India Legal

Flying into the Sunset

Over 50 years since the first and original jumbo jet, the Boeing 747, took to the skies and revolutionized air travel, the last of the legendary aircraft (right) was delivered to a freight charter company, bringing down the curtain on one of aviation's most successful products.

time-read
1 min  |
February 13, 2023
Star Crossed
India Legal

Star Crossed

Actor and producer Alec Baldwin is a Hollywood legend, having starred in a range of movies, award winning TV sitcoms, and theatre. He was most recently seen in Mission Impossible Fallout, which is an apt description of his current situation.

time-read
1 min  |
February 13, 2023
Walkouts in the UK
India Legal

Walkouts in the UK

An estimated half a million workers have gone on strike, shutting down thousands of schools, public transport and border disruption. It is the biggest day of industrial action for more than a decade.

time-read
1 min  |
February 13, 2023
Myanmar's Misery
India Legal

Myanmar's Misery

Two years after the military coup ousted the elected government led by Aung San Suu Kyi, the brutal crackdown by the junta on so-called \"insurgents\" and civilian protesters has reached a new level with the use of air strikes, a new and deadly tactic in the ongoing civil war.

time-read
1 min  |
February 13, 2023
AMERICA'S ANGST
India Legal

AMERICA'S ANGST

From messy, divisive politics to a series of mass shootings, and now black officers brutally beating another black man to death as seen in bodycam videos, America's domestic convulsions are cause for serious introspection

time-read
4 mins  |
February 13, 2023
JUSTICE LEAGUE
India Legal

JUSTICE LEAGUE

There are few judicial appointment procedures in the world that are completely bereft of the overarching presence of either the executive or the legislature, or both. In the end, the judge is left with all the powers vested in him/her by the constitution to uphold the rule of law, within an atmosphere of external influences

time-read
9 mins  |
February 13, 2023