Hindi English Translation || Editorial || Choosing the watchdog: On Election Commissioners appointment

Choosing the watchdog: On Election Commissioners appointment

The Supreme Court of India verdict on manner of choosing election panel is a boost to its independence

The Supreme Court of India verdict taking away the power to appoint members of the Election Commission of India (ECI) from the sole domain (realm, field, area) of the executive (कार्यकारी) is a major boost to the independence (आजादी, स्वतंत्रता) of the election watchdog. The Court has ruled that a three-member committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, or the leader of the single largest Opposition party, and the Chief Justice of India (CJI), will choose the Chief Election Commissioner (CEC) and Election Commissioners (EC) until a law in passed. As a constitutional (संवैधानिक) body vested with plenary (पूर्ण, बिना शर्त) powers of superintendence (अधीक्षण, निगरानी), direction and control over elections, the ECI is a vital component of the republic (गणतंत्र, लोकतन्त्र) that requires functional freedom and constitutional protection to ensure free and fair (just, equitable, fair-minded, upright, trustworthy) elections. It has been the practice (custom, tradition, method, system, convention, way, procedure) that the President appoints the CEC and ECs on the advice of the Prime Minister, but the Constitution Bench (a bench of the Supreme Court having five or more judges on it. These benches are not a routine phenomenon. Constitution Benches are exceptions, set up only if some circumstances exist)) has pointed out (इशारा करना, पहचानना) that the original intent (intention, purpose, scope) of the Constitution makers was that the manner of appointment should be laid down in a parliamentary law. Article 324 says the President should appoint the CEC and Commissioners, subject to (का विषय है) any law made in that behalf (interest) by Parliament. However, successive (क्रमिक, लगातार) regimes (प्रशासन, सरकार) have failed to enact a law. Justice K.M. Joseph, who has authored (लेखक होना, निर्माता) the main verdict, has based the Court’s decision on “the inertia (lethargy, sluggishness, inertness, inactivity)” of the legislature (विधानमंडल) and the perceived (कथित, माना) vacuum in the absence of a law.

Few would disagree with the Court’s fundamental proposition (प्रस्ताव, आधार) that the election watchdog (a person or organization that monitors/inspects/supervises others’ activities/conducts. inspector/supervisor, observer, ombudsman) should be fiercely independent (self-governing, autonomous, non-aligned) and not be beholden (indebted, obligated, under an obligation, duty-bound) to the executive; and there should be no room (scope, opportunity, chance (for something to happen)) for an appointing authority (the people in charge, the powers that be, the government, the administration) to expect reciprocity (exchange, trade-off) or loyalty (allegiance, faithfulness, obedience, adherence). The government’s argument that the existing system was working well and there was no vacuum was quite weak, as, admittedly, the convention (norm, standard, regulation; practice, custom, method, system) now is that the Prime Minister chooses a name from among a database of high-ranking civil servants and advises the President to make the appointment. However, a relevant question is whether the presence of the CJI in the selection panel is the only way (method) in which an institution’s (an established official organization; association, group, federation, alliance, consortium) independence can be preserved (protect, defend, maintain, taken care of). There is no clear proof that the independence of the Central Bureau of Investigation Director, who is appointed by a panel that includes the CJI, or his nominee (candidate), has been preserved or enhanced (increase, intensify, heighten, add to). Further, the CJI’s presence may give pre-emptive (preventive, precautionary, protective) legitimacy (reasonableness, justification, validity) to all appointments and affect objective (impartial, neutral, unbiased, unprejudiced, non-discriminatory) judicial scrutiny (examination, inspection, investigation) of any error or infirmity (weakness, feebleness, impairment; unsteadiness, hesitation, instability) in the process. On its part, the government will be well-advised (wise, sensible, prudent, thoughtful) to enact a law — but not one that seeks to preserve the current convention to get around (circumvent, evade, avoid, bypass, find a way round, sidestep, dodge) the verdict — that is in tune with (in accordance with, in agreement with, in line with) the spirit (true intention, real/true meaning, substance) of the Court’s emphasis (importance, significance; priority, insistence) on the ECI’s independence.

Courtesy: The Hindu

Important Word List With Meaning

1.independence (noun)

Hindi Meaning - आजादी, स्वतंत्रता
English Meaning - autonomy, self-government, self-rule, freedom.

2.the executive (noun)

Hindi Meaning - कार्यकारी
English Meaning - the executive is a branch of government that enforces the law as written by the legislature and interpreted by the judiciary.

3.constitutional (adjective)

Hindi Meaning - संवैधानिक
English Meaning - relating to the Constitution; legal, lawful, legitimate.

4.plenary (adjective)

Hindi Meaning - पूर्ण, बिना शर्त
English Meaning - absolute, complete, unconditional, unrestricted, unqualified.

5.superintendence (noun)

Hindi Meaning - अधीक्षण, निगरानी
English Meaning - supervision, surveillance, inspection.

6.republic (noun)

Hindi Meaning - गणतंत्र, लोकतन्त्र
English Meaning - a group of people involved in a particular activity with certain equality; “The Republic” is a form of government in which a state (country) is ruled by elected representatives of the people (citizen body).

7.point out (phrasal verb)

Hindi Meaning - इशारा करना, पहचानना
English Meaning - identify, draw attention to, indicate, specify, mention.

8.subject to (adjective)

Hindi Meaning - का विषय है
English Meaning - conditional on, contingent on, depending on.

9.in behalf of (phrase)

Hindi Meaning - की ओर से
English Meaning - in the interest of, for.

10.successive (adjective)

Hindi Meaning - क्रमिक, लगातार
English Meaning - consecutive; subsequent, ensuing succeeding.

11.regime (noun)

Hindi Meaning - प्रशासन, सरकार
English Meaning - government, executive, authority.

12.author (verb)

Hindi Meaning - लेखक होना, निर्माता
English Meaning - be the creator/mastermind of.

13.legislature (noun)

Hindi Meaning - विधानमंडल
English Meaning - law-making body or governing body; parliament, congress, council, assembly.

14.perceived (adjective)

Hindi Meaning - कथित, माना
English Meaning - discernable, noticeable, recognizable; supposed, regarded, considered.

15.proposition (noun)

Hindi Meaning - प्रस्ताव, आधार
English Meaning - premise, idea, concept, assumption.

16.watchdog (noun)

English Meaning - a person or organization that monitors/inspects/supervises others’ activities/conducts. inspector/supervisor, observer, ombudsman.

17.panel (noun)

English Meaning - board, committee, advisory body, council.

18.take away (phrasal verb)

English Meaning - remove, withdraw, eliminate, discard.

19.domain (noun)

English Meaning - realm, field, area.

20.constitutional bodies (noun)

English Meaning - The important bodies (like Election Commission of India, UPSC, and Finance Commission of India, etc.) in India that derive their powers and authorities from the Indian Constitution.

21.be vest with (verb)

English Meaning - give or provide (someone) the legal right to power.

22.fair (adjective)

English Meaning - just, equitable, fair-minded, upright, trustworthy.

23.practice (noun)

English Meaning - custom, tradition, method, system, convention, way, procedure.

24.Constitution Bench (noun)

English Meaning - a bench of the Supreme Court having five or more judges on it. These benches are not a routine phenomenon. Constitution Benches are exceptions, set up only if some circumstances exist).

25.bench (noun)

English Meaning - a court of law with a number of judges.

26.intent (noun)

English Meaning - intention, purpose, scope.

27.constitution (noun)

English Meaning - body of law; system of rules; regulations, fundamental principles, charter.

28.lay down (phrasal verb)

English Meaning - formulate, stipulate, set down, draw up, frame.

29.Article 324(2) of the Constitution of India (noun)

English Meaning - it states that “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.”

30.behalf (noun)

English Meaning - interest.

31.inertia (noun)

English Meaning - lethargy, sluggishness, inertness, inactivity.

32.vacuum (noun)

English Meaning - empty space, emptiness, void, nothingness.

33.fiercely (adverb)

English Meaning - savagely, severely, aggressively/extremely.

34.independent (adjective)

English Meaning - self-governing, autonomous, non-aligned.

35.beholden (adjective)

English Meaning - indebted, obligated, under an obligation, duty-bound.

36.room (noun)

English Meaning - scope, opportunity, chance (for something to happen).

37.authority (noun)

English Meaning - the people in charge, the powers that be, the government, the administration.

38.reciprocity (noun)

English Meaning - exchange, trade-off.

39.loyalty (noun)

English Meaning - allegiance, faithfulness, obedience, adherence.

40.admittedly (adverb)

English Meaning - actually, truly, verily, indeed.

41.convention (noun)

English Meaning - norm, standard, regulation; practice, custom, method, system.

42.way (noun)

English Meaning - method.

43.institution (noun)

English Meaning - an established official organization; association, group, federation, alliance, consortium.

44.preserve (verb)

English Meaning - protect, defend, maintain, taken care of.

45.nominee (noun)

English Meaning - candidate.

46.enhance (verb)

English Meaning - increase, intensify, heighten, add to.

47.pre-emptive (adjective)

English Meaning - preventive, precautionary, protective.

48.legitimacy (noun)

English Meaning - reasonableness, justification, validity.

49.objective (adjective)

English Meaning - impartial, neutral, unbiased, unprejudiced, non-discriminatory.

50.scrutiny (noun)

English Meaning - examination, inspection, investigation.

51.infirmity (noun)

English Meaning - weakness, feebleness, impairment; unsteadiness, hesitation, instability.

52.well-advised (adjective)

English Meaning - wise, sensible, prudent, thoughtful.

53.seek (verb)

English Meaning - try, aim, attempt to obtain.

54.get around (phrasal verb)

English Meaning - circumvent, evade, avoid, bypass, find a way round, sidestep, dodge.

55.in tune with (phrase)

English Meaning - in accordance with, in agreement with, in line with.

56.spirit (noun)

English Meaning - true intention, real/true meaning, substance.

57.emphasis (noun)

English Meaning - importance, significance; priority, insistence.