The Indian Supreme Court has given a verdict that Election Commissioners shall be appointed by the President on the advice of the Prime Minister, the Leader of the Opposition,and the Chief Justice of India.
https://www.ndtv.com/india-news/supreme-court-orders-panel-with-pm-opposition-leader-chief-justice-of-india-for-selecting-election-commissioners-3827058
I totally disagree with the decision.
It is a settled principle of interpretation of statutes that Courts cannot, in the garb of interpretation, amend a statute or substitute it with one of their own creation. Courts are supposed to interpret laws and apply them to cases before them. Making law, or amending it, is the job of the legislature.
There is broad separation of powers between the three organs of the state under our Constitution, and one organ cannot validly encroach into the domain of another (see Divisional Manager, Aravali Golf Club vs Chander Haas online ).
Article 324(2) of the Indian Constitution states :
” The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President ”.
It is for Parliament to amend Article 324(2), as the provision itself states, not the Supreme Court. By this verdict the Court has created a body unknown to the Constitution. Thus the Court has practically amended Aricle 324(2) of the Constitution, something only Parliament can do vide Article 368 of the Constitution.
I used to be suggested this web site via my cousin. I am now not sure whether or not this post
is written by him as no one else recognise such distinct approximately
my difficulty. You’re amazing! Thanks!
Here is my web page :: vpn special code
Hey I know this is off topic but I was wondering if you knew of any widgets I could add to my blog that automatically tweet my
newest twitter updates. I’ve been looking for a
plug-in like this for quite some time and was hoping
maybe you would have some experience with something like this.
Please let me know if you run into anything. I truly enjoy reading your blog and I look forward to your new updates.
Take a look at my webpage vpn special coupon code 2024
Your way of describing all in this paragraph is really good, all be capable of effortlessly be aware
of it, Thanks a lot.
My web page: vpn special code
Very energetic post, I enjoyed that bit. Will there be
a part 2?
Here is my page; vpn coupon 2024
Wow, marvelous weblog format! How lengthy have you been running
a blog for? you made blogging look easy. The overall glance of your website is great, as smartly as the content!
Feel free to visit my page – vpn special code