{"id":230401,"date":"2023-03-10T17:07:01","date_gmt":"2023-03-10T11:37:01","guid":{"rendered":"https:\/\/blog.forumias.com\/?page_id=230401"},"modified":"2023-03-13T08:33:51","modified_gmt":"2023-03-13T03:03:51","slug":"answered-discuss-the-significance-and-challenges-of-supreme-court-induced-changes-to-the-process-of-the-cc-appointment","status":"publish","type":"page","link":"https:\/\/forumias.com\/blog\/answered-discuss-the-significance-and-challenges-of-supreme-court-induced-changes-to-the-process-of-the-cc-appointment\/","title":{"rendered":"[Answered] Discuss the significance and challenges of Supreme Court-induced changes to the process of the cc appointment."},"content":{"rendered":"<table>\n<tbody>\n<tr>\n<td width=\"924\"><strong>Introduction:<\/strong> Contextual introduction.<br \/>\n<strong>Body:\u00a0<\/strong>Explain significance ofSupreme Court-induced changes to the process of the cc appointment. Also write some challenges.<br \/>\n<strong>Conclusion<\/strong>: Write a way forward.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p>Recently, a five-member constitution bench directs that selection of the CEC and other members of the Commission should be made by a panel comprising the <strong>PM, the leader of the opposition (LoP) and CJI,<\/strong> altogether welcome. The constitution bench has said that the scheme it has prescribed would continue, till Parliament passes a law on the subject.<\/p>\n<h2><strong>Significance of these changes:<\/strong><\/h2>\n<ul>\n<li>By directing the Election Commission to be appointed by a non-partisan panel, the Supreme Court <strong>strengthens democracy<\/strong>.\u00a0An independent committee will correct the existing method of selection and add sanctity to the process.<\/li>\n<li>As the executive enjoyed the benefit of appointing people as chosen by it as the CEC and ECs, this led to <strong>perceptions of bias<\/strong> of the Commission in favour of the ruling party.<\/li>\n<li>A vulnerable Election Commission would result in an insidious situation and detract from its efficient functioning.<\/li>\n<li>The SC\u2019s verdict, apart from <strong>ensuring fairness<\/strong> in the process, can act as a constitutional lesson in India\u2019s troubled times. It found that in India, there is \u201can unrelenting abuse of the electoral process\u201d.<\/li>\n<li>The judgment recognises the fine distinction between conventional democracy and constitutional democracy.<\/li>\n<\/ul>\n<h2><strong>Challenges:<\/strong><\/h2>\n<ul>\n<li>A non-executive should not be made part of the commission\u2019s selection process, including the Chief Justice of India as it would amount to\u00a0<strong>judicial overreach and violation of separation of power.<\/strong><\/li>\n<li>Formal appointments processes are\u00a0<strong>no predictors of performance<\/strong>or bulwarks against the underlying distribution of political power. E.g. the Supreme Court.<\/li>\n<li>Politicians and administrators have\u00a0<strong>wide social and institutional experience<\/strong>than judges.<\/li>\n<li>The structures of\u00a0<strong>accountability matter more<\/strong>than the process of selection. For instance, many ex-post heroes like T N Seshan, would have been disqualified on their prior reputations for political intrigue.<\/li>\n<li>It should\u00a0<strong>respect the independence of the executive<\/strong>by not encroaching upon its domain.<\/li>\n<li>The\u00a0<strong>posts of ECs and the CEC are Constitutional<\/strong>and any change in the appointment process can be done only by the\u00a0Parliament.<\/li>\n<\/ul>\n<p>Elections are the cornerstone of democracy, and the Election commissioners are crucial to that legitimacy. Therefore, to defend its functional independence, the guardian of elections itself urgently needs structural safeguards.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Introduction: Contextual introduction. Body:\u00a0Explain significance ofSupreme Court-induced changes to the process of the cc appointment. Also write some challenges. Conclusion: Write a way forward. Recently, a five-member constitution bench directs that selection of the CEC and other members of the Commission should be made by a panel comprising the PM, the leader of the opposition&hellip; <a class=\"more-link\" href=\"https:\/\/forumias.com\/blog\/answered-discuss-the-significance-and-challenges-of-supreme-court-induced-changes-to-the-process-of-the-cc-appointment\/\">Continue reading <span class=\"screen-reader-text\">[Answered] Discuss the significance and challenges of Supreme Court-induced changes to the process of the cc appointment.<\/span><\/a><\/p>\n","protected":false},"author":10320,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"class_list":["post-230401","page","type-page","status-publish","hentry","entry"],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/230401","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10320"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=230401"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/230401\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=230401"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}