Appointments to Election Commission: How SC has changed the procedure

[@OnlyTheTruth007]

Apurva very clear analysis of the judgement. Irrespective of everything that neo liberals say, I really like the structure and working of our democracy where courts can step in and make necessary laws and interpretations to bring clarity on important issues like this one. And the government however powerful needs to then abide by the law. Kudos to the spirit of our constitution.

[@DeccanPS]

Are you serious? You mean a group of elected appointed through non-transparent means (predominantly affected by nepotism and uncle-judge syndrome), should be more powerful than an elected government?? I'm sorry but i thought India was a democracy!!

[@OnlyTheTruth007]

@@DeccanPS it’s a stopgap till the government comes with a transparent method of appointment . Doesn’t really hurt to have three important democratic functionaries choose the responsible.

[@DeccanPS]

@@OnlyTheTruth007 CJI or for that matter no judge is a result of democratic functioning but rather result of an opaque system called collegium, which has no constitutional basis but the same judges refuse a democratically elected governments stake in judicial appointments but are hell bent on interfering in all organs of government!! If you search a bit, you can know well about Uncle-Judge syndrome and how roughly 75 families in India practically control the higher judiciary!! Best example is present CJI, his father was an SC judge during the infamous A N Ray episode during the emergency and this CJI has the gall to give clean chit his father's actions now!! Also, CJI's son too is in the lines to become a judge soon!! So much for democratic functioning!!!

[@OnlyTheTruth007]

May be you are right, I don’t want to do a debate here , but really , what is stopping the government which has majority in parliament to pass a law that clarifies how said appointment must be made ?

[@thambinelloore7795]

Well eexplained 👍🙏

[@vivekanandholla6730]

Thanks for the information

[@SandeepChauhan-gi6rb]

SC judges should also not be elected by collegium system. How can a common man become a judge when there is so much nepotism in collegium system. Unfortunately we have such shameless judges that preach others of democracy & transparency. What can we hope from Current CJI who also is son of former CJI of Allahabad HC.

[@dnyaneshwarrindhe3974]

It is needed Supreme Court to need reform in collegium system also. Also it need to think and seriously work on 6 core pending cases in judiciary 😢

[@pranjuldwivedi9382]

Today supreme court said that it is a myth that supreme court cannot make laws, tomorrow it will say it is myth that supreme court cannot make constitutional amendments, the next day it will say it is a myth that supreme court cannot impeach president and dissolve parliament, and finally some another day it will say it is a myth that we citizens are living in a democracy. Welcome to the judicial dictatorship. "Mera Vachan aur meri Kalam hi hai sashan".

[@DeccanPS]

True. Milords won't even stop at that. They will proclaim noble lineage for all judges and their families and appointment to judiciary will be hereditary (which is the case even now for 70% of appointments).

[@pranjuldwivedi9382]

This is a dangerous precedent. Tomorrow supreme court will say it also appoint CAG, members of Finance commission, chief secretaries, cabinet secretaries, DGPs, heads of armed forces etc. What is there to stop it from passing judgements favouring it ? Given the discourse present in the country, govt and opposition will not agree on any appointment to EC, this gives the CJI virtual veto over the appointment. Supreme court wants to enter legislature and executive but doesn't want executive to have a say in judiciary .

[@vijaykumarg3899]

Are you ok with PM selecting EC..? IF selected by PM how can you expect fair election

[@pranjuldwivedi9382]

@@vijaykumarg3899 reform in any field is a policy matter, and policy matters comes under the sole domain of executive because executive is elected by the people for that purpose whereas supreme court is an unelected fraternity of few families of judges.

[@amithabv1060]

@@vijaykumarg3899 because it is a constitutional post and he cannot be removed by the government

[@hemanthgurram6811]

That's better.

[@minni1357]

This was judicial overreach. But, I think a much larger jury with: President, PM, Opposition leader, CDS, CJ and national sports team captains should choose important posts like HC & SC judges, CBI & ED head, etc. The debate should be televised too. I think SC Judges very duplicitously gave themselves the veto power in this judgment. For self-interest in judgment, the panel should be impeached.

[@dnyaneshwarrindhe3974]

Primer minister and opposition leader will never agree on name so who get max leverage is Supreme Court 😮

[@samindherreddy]

That's the plan

[@pmcm5536]

Good judgement. But such bold judgements should also be seen in other cases too and not supportive of Govt necessitating people to think that SC is only a dummy slave of Govt

[@t5ruxlee210]

Very good audio.

[@Ladisingh9]

This is a blunder of Supreme Court . Government should never allow judiciary to allow doing parliament work

[@pmcm5536]

If Govt is doing something wrong , only SC can correct it. Who else?????

[@pkmkb7412]

@@pmcm5536 Remember that govt and Parliament are two different entitie. If govt does something wrong then as per democracy people will throw them out of power not the SC. Moreover, its the Parliament who is the supreme architecture of the constitution not the SC, that's why the Parliament has the power to ammended a law. SC duty is to give justice and interpret the law not to direct a law or to enforced a law. Remember that SC cab declare a law unconstitutional butbtge final arbitrary of that decision always remains vested in the Parliament. That's why Parliament repels the law that were declared unconstitutional by the SC. But because of the collegium first they tried to interfere in the task of the executive and now they are trying to undermine the sovereignty of the Parliament itself and they started it when NJAC was struck down.

[@Ladisingh9]

@@pmcm5536 government appointed election commissioner as per constitution like past government did.

[@gkplus2877]

तुम क्या थे ये मायने नहीं रखता। राजा हरिश्चंद्र को अपने पुत्र के लिए शमशान में जगह नहीं मिली थी। वक्त - वक्त की बात है।🍁🙏🍁🙏

[@cutekannan28]

Why stop this show? The print Upload more videos that will useful

[@bhavanatangri3040]

In Supriyo's case, the apex court delved into this nitti gritties of separation of powers and thereby completely ignored the stance of queer couples, however here it says that the court not making the law is a myth, how ironic!