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Supreme Court refers pleas challenging 2023 law on CEC, ECs appointments to 5-judge Constitution bench — diagram
Supreme Court Forms 5-Judge Bench to Examine CEC, ECs Appointment Law — Supreme Court refers CEC/ECs appointments pleas to 5-judge bench
Figure: Supreme Court refers CEC/ECs appointments pleas to 5-judge bench

✎ Appointment process of CEC/ECs under judicial scrutiny for constitutional validity.

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Relevance for Banking, SSC & RBI Grade B exams: Polity

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The Supreme Court has referred petitions challenging the constitutional validity of the Election Commissioners (Appointment) Act, 2023, to a five-judge Constitution Bench, marking a significant development in the debate over the independence of the Election Commission of India (ECI). The Act, which replaced the previous system of appointments, excludes the Chief Justice of India (CJI) from the selection committee, raising concerns among petitioners like the Association for Democratic Reforms (ADR) and Congress leader Jaya Thakur about potential executive overreach. The petitioners argue that the exclusion of the CJI undermines the ECI’s autonomy, a key pillar of free and fair elections, and could compromise the commission’s neutrality by allowing the government to appoint individuals aligned with its interests.

This issue holds relevance for Banking, SSC, and RBI Grade B exam aspirants as it touches upon constitutional provisions, the basic structure doctrine, and the separation of powers. Questions on the Election Commission’s role, judicial review, and constitutional amendments are common in these exams. Additionally, understanding the interplay between the judiciary, executive, and legislature in appointments is crucial for governance and polity sections. The Supreme Court’s intervention highlights the importance of checks and balances, a topic frequently tested in competitive exams.

Source: Hindustan Times


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