constitutional principles

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Union of India: Challenge to EC Appointment Process & Section 7(1) of 2023 Act NITU KUMARI 23 May 2025 Explore the Supreme Court’s pivotal judgment in Dr. Jaya Thakur v. Union of India, addressing the constitutional validity of Section 7(1) of the 2023 Act and the exclusion of the Chief Justice from EC appointments. Learn about the legal implications and the Court’s stance on judicial oversight and electoral fairness. Introduction: The Core of the Constitutional Challenge In a significant constitutional dispute, Dr. Jaya Thakur & Ors. v. Union of India & Anr. brought into question the legality of Section 7(1) of the Chief Election Commissioner and Other Election Commissioners Act, 2023. Filed under Article 32 of the Constitution, the petition challenged the removal of the Chief Justice of India (CJI) from the Election Commission (EC) selection committee, replacing the judiciary’s role with that of a Union Cabinet Minister. Petitioners argued that this amendment undermines judicial oversight, compromises democratic values, and directly contradicts the Supreme Court’s ruling in Anoop Baranwal v. Union of India. Background and Facts of the Case Effective from January 2, 2024, the new Act stipulates a three-member Selection Committee for EC appointments, consisting of the Prime Minister of India, the Home Minister, and the Leader of the Opposition (LoP). Key Facts: The LoP received shortlisted candidates’ names shortly before the meeting, limiting time for proper deliberation. Petitioners sought interim relief to halt EC appointments during the constitutional review of the Act. The government defended the Act, citing Parliament of India’s authority and adherence to procedural norms. Key Legal Issues i. Does Section 7(1) of the 2023 Act violate the Constitution by excluding the judiciary from the EC selection process?   ii. Do procedural irregularities breach principles of transparency and fairness in public appointments?   iii. Should interim relief be granted when the constitutionality of a statute is under question?   Arguments Presented Petitioner’s Arguments Erosion of Judicial Oversight: The exclusion of the CJI weakens judicial independence and violates the principles established in the Anoop Baranwal judgment. Procedural Unfairness: The rushed selection process breached norms of deliberative democracy. Violation of Fundamental Rights: Free and fair elections are a core part of the Constitution’s Basic Structure, and this amendment threatens that balance. Doctrine of Proportionality Breach: The shift of power toward the executive branch is disproportionate and unconstitutional. Respondent’s Arguments Legislative Competence: Parliament holds authority under Article 324 to define EC appointment procedures. Judicial Overreach Concerns: The Anoop Baranwal judgment’s directions were temporary, pending legislation. Public Interest: Delays in appointments could impact the 18th Lok Sabha General Elections. Constitutional Trust: Once appointed, officials are presumed to act according to constitutional principles. Supreme Court Judgment Highlights a) Ratio Decidendi Courts must exercise restraint in granting interim relief unless a law is clearly unconstitutional. While acknowledging procedural lapses, the Court refrained from intervention due to imminent electoral timelines. b) Obiter Dicta The selection process must ensure fairness, transparency, and adequate deliberation. Selection Committee members should receive detailed candidate information in advance. c) Guidelines Issued Judicial review is valid only if the law violates Fundamental Rights or the Basic Structure doctrine. The credibility of constitutional appointments relies on transparent processes. Stability during electoral periods takes precedence over temporary administrative flaws. Conclusion: Balancing Governance and Constitutional Values The Supreme Court’s decision in Dr. Jaya Thakur v. Union of India underscores the delicate balance between legislative prerogative and judicial review. Although procedural deficiencies were identified, the Court prioritized democratic stability and avoided interfering with upcoming elections. This ruling reiterates the complex interplay between constitutional integrity, governance, and electoral fairness. Leave a Reply Cancel Reply Logged in as Sada Law. Edit your profile. Log out? Required fields are marked * Message* Case Laws Supreme Court Verdict on Dr. Jaya Thakur v. Union of India: Challenge to EC Appointment Process & Section 7(1) of 2023 Act Supreme Court Verdict on Dr. Jaya Thakur v. Union of India: Challenge to EC Appointment Process & Section 7(1) of 2023 Act Sada Law • May 23, 2025 • Case law • No Comments Supreme Court Verdict on Article 370: Constitutionality of Jammu & Kashmir Reorganization Upheld Supreme Court Verdict on Article 370: Constitutionality of Jammu & Kashmir Reorganization Upheld Sada Law • May 23, 2025 • Case law • No Comments Enforceability of Unstamped Arbitration Agreements: Supreme Court’s Landmark 2023 Ruling Explained Enforceability of Unstamped Arbitration Agreements: Supreme Court’s Landmark 2023 Ruling Explained Sada Law • May 21, 2025 • Case law • No Comments 1 2 3 … 5 Next »