Analysing The Trends In Appointment Of Chief Election Commissioner And Independence Of The Election Commission
- IJLLR Journal
- Dec 31, 2024
- 1 min read
Divyaraj Ray, B.A. LL.B. (Hons.), Rajiv Gandhi National Law University, Punjab
ABSTRACT
This paper focuses on the developments in Constitutionalism through the evolving jurisprudence relating to judicial review and the judicial activism that is essential to maintain balance of power in India. This jurisprudence applied by the Hon’ble Apex Court in the controversy surrounding the selection procedure and the appointment of the Chief Election Commissioner is the pivotal aspect addressed in light of the historical perspective obtained by the slew of precedents and the Constitutional Assembly debates that often guide the courts to interpret Articles of the Constitution keeping in mind the purpose behind them is discussed in this paper. Further the question relating to the constitutionality of the appointment procedure of the Chief Election Commissioner and other Election Commissioners before the judicial intervention has been discussed in relation to Article 324 of the Constitution and the need for the judicial activism in this particular instance has been discussed in detail. This paper also addressed the question relating to the validity of alarming recent enactment by Parliament which bypasses the judgement as conflict between the Legislature and Parliament and the tussle between these pillars of democracy
