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Journalism of Courage
WHILE the Opposition hailed the Supreme Court ruling on the appointment of the Chief Election Commissioner and Election Commissioners as a “landmark” and “historic” order, in sharp contrast, the ruling BJP was cautiously silent.
Although the party is yet to formulate an official reaction, leaders maintained that the government is “studying the order carefully.” One section of party leaders termed it as “a judicial over-reach.”
The judgment, which could change the way in which India’s top election officials are appointed, comes in the backdrop of an intensifying debate between the Executive and higher Judiciary. While Union Law Minister Kiren Rijiju has repeatedly questioned the collegium system, Vice President Jagdeep Dhankhar has questioned the “basic structure” doctrine on the powers of the judiciary vis-a-vis the legislature and called the striking down of the National Judicial Appointments Commission Act a “severe compromise” of parliamentary sovereignty.
When asked, the BJP’s official spokespersons maintained that neither the party nor the government has studied the judgment carefully and the reaction will come after going through the order carefully. One senior leader said: “It’s a clear case of judicial overreach…The judiciary cannot take a stand that it will take all decisions.”
A senior party leader said, “the judgment is binding.” But, he added: “Through this judicial order today, the Supreme Court is involving the CJI in the political process but does not want the government to have any role in the collegium process.”
He also pointed out that independence of the judiciary is the basic feature of the Constitution. “So is separation of powers. One should remember no government can be there without accountability.”
Another leader said that the Election Commission’s independence has been established and underlined several times by the Supreme Court itself. “You can question the EC’s decisions but it’s no one’s case that there’s any cloud over the electoral process. The SC order doesn’t do justice to the tradition of independence the EC has.” Moreover, in a year leading to an election, how to respond to the SC order, another BJP leader said, will also be watched carefully.
