Vice President Jagdeep Dhankhar on Friday questioned the Chief Justice of India’s (CJI) role in executive appointments in a democracy like India.
Jagdeep Dhankhar stated that it was time to revisit such norms and that all democratic institutions should operate within their respective jurisdictions.
VP Dhankhar, speaking to the National Judicial Academy in Bhopal, stated that the judiciary’s involvement in executive matters presented a “constitutional paradox” that needed to be resolved so that each institution could operate within its own domain.
“To stir your minds, how can in a country like ours or in any democracy, by statutory prescription, Chief Justice of India participate in the selection of the CBI director?” According to news agency PTI, Dhankhar said this at the gathering.
“Can there be a legal basis for it? I understand that the statutory prescription came about as a result of the Executive’s deference to a judicial decision. However, the time has come to revisit. “This certainly does not equate with democracy,” he added.
Selection of CEC
The Vice President’s statement comes just before a meeting to select the next Chief Election Commissioner, as current CEC Rajiv Kumar retires on February 18.
This would be the CEC’s first selection since the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023, was passed.
The law prohibits the CJI from serving on a panel that selects the Chief Election Commissioner. Previously, the Supreme Court ordered the prime minister, the leader of the opposition in parliament, and the Chief Justice of India to form the selection panel.
Critics argue that the new law allows for excessive interference by the executive branch of the state and threatens the panel’s independence.
Currently, the selection committee includes Prime Minister Narendra Modi, Law Minister Arjun Ram Meghwal, and Lok Sabha opposition leader Rahul Gandhi. The three will deliberate on the appointment beginning February 17, one day before the Supreme Court hears petitions challenging the new law.
