Fri. Feb 23rd, 2024
    El Tribunal Supremo rechaza la suspensiĆ³n de la ley que cambia el proceso de nombramiento de los Comisionados Electorales

    The Supreme Court announced on Tuesday, February 13th, that it has rejected the suspension of a new law that establishes a new nomination process for the Chief Electoral Commissioner and Electoral Commissioners. The legislation in question states that a committee, excluding the Chief Justice of India, will be responsible for making the appointments.

    The Supreme Court issued a notice to the Government following a lawsuit filed by an NGO, the Association for Democratic Reforms. The lawsuit challenges the constitutional validity of the Appointment, Terms of Service, and Tenure of the Chief Electoral Commissioner and other Electoral Commissioners Act of 2023.

    Prashant Bhushan, the NGO’s representative, argued that the law goes against a previous Supreme Court judgment, which stated that the Chief Justice should be part of the selection committee. Bhushan pointed out that two Electoral Commissioners are about to retire and that, if the law is not suspended, the lawsuit will lose its purpose.

    However, the Supreme Court decided not to grant the requested suspension. The court stated that the question of constitutionality never loses its purpose and they understand the limits for granting interim measures.

    The new law establishes that the Chief Electoral Commissioner and other Electoral Commissioners will be appointed by the president, on the recommendation of a Selection Committee composed of the Prime Minister, the Leader of the Opposition in the House of Representatives, and a Union Cabinet Minister.

    The lawsuit argues that this law reinstates the previous position, in which the appointment of Electoral Commissioners would be solely entrusted to the executive branch. Additionally, it highlights that the selection committee is dominated by members of the executive branch, such as the Prime Minister and the Union Cabinet Minister selected by him.

    In summary, the Supreme Court has rejected the request to suspend the new law that changes the process of appointing Electoral Commissioners. The lawsuit filed by an NGO alleges that the law is unconstitutional as it goes against a previous judgment that established the participation of the Chief Justice in the selection committee.

    Frequently Asked Questions based on the main topics and information presented in the article:

    1. What did the Supreme Court announce on February 13th?
    The Supreme Court announced the rejection of the suspension of a new law that establishes a new nomination process for the Chief Electoral Commissioner and Electoral Commissioners.

    2. What does the legislation in question do?
    The legislation states that a committee, excluding the Chief Justice of India, will be responsible for making the appointments.

    3. Who filed a lawsuit against the government?
    An NGO called the Association for Democratic Reforms filed a lawsuit against the government.

    4. What is the NGO’s argument in the lawsuit?
    The NGO argues that the law goes against a previous Supreme Court judgment that stated the Chief Justice should be part of the selection committee.

    5. What did the Supreme Court decide regarding the suspension of the law?
    The Supreme Court decided not to grant the requested suspension and stated that the question of constitutionality never loses its purpose.

    6. How will Electoral Commissioners be appointed according to the new law?
    The new law establishes that the Chief Electoral Commissioner and other Electoral Commissioners will be appointed by the president, on the recommendation of a Selection Committee composed of the Prime Minister, the Leader of the Opposition in the House of Representatives, and a Union Cabinet Minister.

    7. What is the lawsuit’s argument regarding the new law?
    The lawsuit argues that this law reinstates the previous position, in which the appointment of Electoral Commissioners would be solely entrusted to the executive branch, and highlights that the selection committee is dominated by members of the executive branch.

    8. What was the Supreme Court’s final decision?
    The Supreme Court rejected the request to suspend the new law that changes the process of appointing Electoral Commissioners.

    Definitions of key terms or jargon used in the article:

    – Chief Electoral Commissioner: The head of the Election Commission responsible for overseeing and administering elections in the country.
    – Electoral Commissioners: Members of the Election Commission responsible for assisting in the organization and execution of electoral processes.
    – Supreme Court: The highest-ranking court in the Indian judicial system.

    Suggested related links:

    – Official Website of the Supreme Court of India

    This link will take you to the official website of the Supreme Court of India, where you can find more information about its functioning and relevant judicial decisions.

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