Hindi English Translation || Editorial || Time and timing: On the CEC selection process

Time and timing: On the CEC selection process

The validity of the CEC selection process needs early adjudication (निर्णय, फैसला)

Once again, the manner of appointment of the Chief Election Commissioner (CEC) and Election Commissioners (EC) has become controversial, with the government going ahead with the process laid down in its December 2023 law, which is under challenge before the Supreme Court. Last week, the Court had deferred (स्थगित करना) the hearing to February 19, while observing ()say, mention, comment, remark that if there was any development (विकास, घटनाक्रम) in the interregnum (अंतराल), it would meet the consequences (परिणाम, नतीजे) of a subsequent (following, successive, resulting, resultant, eventual, sequential, ensuing) decision on the validity (वैधता) of the Act (अधिनियम). Ignoring a request from the Leader of the Opposition (LoP), Rahul Gandhi, the panel elevated (शामिल करना, नियुक्त करना) Gyanesh Kumar as the CEC and inducted Vivek Joshi as the third member, following the retirement of CEC Rajiv Kumar. The question is whether the Act of 2023 goes against a 2022 Constitution Bench verdict that put in place (स्थापित करना, लागू करना) a committee comprising the Prime Minister, the LoP and the Chief Justice of India (CJI) to select the persons to helm (नेतृत्व करना, नियंत्रण में होना) the Election Commission of India (ECI). The Act, however, includes a Union Minister in the committee instead of the CJI. The government argues that the Court’s panel (committee, commission, board, council) was only an ad hoc measure (उपाय, कदम) until Parliament came forward with its own law, as required in the Constitution (body of law; system of rules; regulations, fundamental principles, charter). The petitioners (याचिकाकर्ता, अपीलकर्ता) maintain that the thrust (intention, meaning, significance, essence, import, purport) of the 2022 judgment is that the appointment process should be insulated (सुरक्षित करना, बचाना) from executive interference (intervention, involvement, meddling, intrusion) so that its functioning (performance, working) will be truly independent.

Whether the CJI should be part of the selection committee is debatable (arguable, questionable, at issue, open to question), but there is little doubt that the 2:1 majority vested in the executive (the executive is a branch of government that enforces the law as written by the legislature and interpreted by the judiciary) renders (represent, depict, portray, interpret) any selection vulnerable (endangered, unsafe, unprotected, undefended, attackable, defenceless, helpless, powerless) to the criticism that those chosen in that manner would not be seen as independent. The BJP-led government has been making appointments in the midst of court hearings (lawsuit, proceedings, inquiry, legal proceedings, legal action). The Court has been declining to interfere in time (early enough, promptly), leading to such appointments becoming a fait accompli ((from French) an accomplished fact, something that has already occurred and cannot be changed). The government had appointed Arun Goel as an EC in 2022, in the middle of the Constitution Bench hearing, and two ECs in March 2024 in the run-up to (a period of time just before an important event) the general election to replace Mr. Goel, who had resigned, and another EC who had retired. Few will disagree that the public perception (understanding, discernment, recognition/realization; interpretation, impression) of the ECI as a fearless and fiercely (boldly, aggressively) independent institution has been on the decline (declining, deteriorating, worsening, decreasing, falling). If elections are to be seen as free and fair by the whole electorate (all the people in a country who are eligible to vote in an election) and not merely (only, simply, just) followers of the winners, the Court should not delay this matter any further. It has to adjudicate (adjudge, judge, decide, settle, resolve) the question of whether the procedure set out (present, describe, set forth, detail, explain, state, put forward) in the law falls short of the level of independence envisaged (conceive, imagine, envision, think, perceive, apprehend) in the Constitution Bench verdict for members of the ECI.

Courtesy: The Hindu

Important Word List With Meaning

1.validity (noun)

Hindi Meaning - वैधता
English Meaning - legal acceptability, lawfulness, legality, legitimacy.

2.adjudication (noun)

Hindi Meaning - निर्णय, फैसला
English Meaning - judgement, verdict, decree, pronouncement, ruling.

3.insulate (verb)

Hindi Meaning - सुरक्षित करना, बचाना
English Meaning - protect, save, safeguard, shield, defend, secure.

4.defer (verb)

Hindi Meaning - स्थगित करना
English Meaning - stay, suspend, put off, hold off; postpone, delay.

5.development (noun)

Hindi Meaning - विकास, घटनाक्रम
English Meaning - turn of events, incident, situation, circumstance, occurrence, happening.

6.interregnum (noun)

Hindi Meaning - अंतराल
English Meaning - period, intervening time/period.

7.consequences (noun)

Hindi Meaning - परिणाम, नतीजे
English Meaning - result, effect, ramification, repercussion, reverberation.

8.Act (noun)

Hindi Meaning - अधिनियम
English Meaning - law, decree, statute, resolution, rule, ruling, ordinance, stipulation.

9.elevate (verb)

Hindi Meaning - पदोन्नत करना, उन्नति देना
English Meaning - promote, give promotion to, upgrade, improve the position of, move up the ladder.

10.induct (verb)

Hindi Meaning - शामिल करना, नियुक्त करना
English Meaning - admit to, allow into, introduce to, appoint to (a post).

11.put in place (phrase)

Hindi Meaning - स्थापित करना, लागू करना
English Meaning - establish, set up, initiate.

12.helm (verb)

Hindi Meaning - नेतृत्व करना, नियंत्रण में होना
English Meaning - head, chair, to take charge of, be in charge, be in command/control/authority; be in the driving seat.

13.measure (noun)

Hindi Meaning - उपाय, कदम
English Meaning - action, step, procedure.

14.The Constitution of India (noun)

Hindi Meaning - भारत का संविधान
English Meaning - India, also known as Bharat, is a Union of States. It is a Sovereign Socialist Secular Democratic Republic with a parliamentary system of government. The Republic is governed in terms of the Constitution of India which was adopted by the Constituent Assembly on 26th November, 1949 and came into force on 26th January, 1950.

15.petitioner (noun)

Hindi Meaning - याचिकाकर्ता, अपीलकर्ता
English Meaning - litigator, litigant, appellant, complainant, claimant, plaintiff.

16.lay down (phrasal verb)

English Meaning - formulate, stipulate, frame, prescribe, promulgate.

17.The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 (noun)

English Meaning - An Act to regulate the appointment, conditions of service and term of office of the Chief Election Commissioner and other Election Commissioners, the procedure for transaction of business by the Election Commission and for matters connected therewith or incidental thereto.

18.observe (verb)

English Meaning - say, mention, comment, remark,

19.subsequent (adjective)

English Meaning - following, successive, resulting, resultant, eventual, sequential, ensuing.

20.panel (noun)

English Meaning - committee, commission, board, council.

21.go against (phrasal verb)

English Meaning - oppose, resist, violate, breach, break.

22.bench (noun)

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

23.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).

24.Division Bench (noun)

English Meaning - a bench of two or three judges is called a division bench.

25.ad hoc (adjective)

English Meaning - impromptu, unpremeditated, unprepared, unplanned, unarranged, unconsidered, spontaneous, offhand, improvised, makeshift.

26.come forward (phrasal verb)

English Meaning - step forward, make oneself available, present yourself, volunteer.

27.constitution (noun)

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

28.thrust (noun)

English Meaning - intention, meaning, significance, essence, import, purport.

29.the executive (noun)

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

30.interference (noun)

English Meaning - intervention, involvement, meddling, intrusion.

31.functioning (noun)

English Meaning - performance, working.

32.debatable (adjective)

English Meaning - arguable, questionable, at issue, open to question.

33.vest in (phrasal verb)

English Meaning - (of (power, authority and etc.) entrust to, invest in, bestow on, confer on, grant to, give to.

34.render (verb)

English Meaning - represent, depict, portray, interpret.

35.vulnerable (adjective)

English Meaning - endangered, unsafe, unprotected, undefended, attackable, defenceless, helpless, powerless.

36.in the midst of (phrase)

English Meaning - in the middle of.

37.hearing (noun)

English Meaning - lawsuit, proceedings, inquiry, legal proceedings, legal action.

38.in time (phrase)

English Meaning - early enough, promptly.

39.lead to (verb)

English Meaning - result in, cause, bring on, bring about, give rise to.

40.fait accompli (noun)

English Meaning - (from French) an accomplished fact, something that has already occurred and cannot be changed.

41.run-up to (noun)

English Meaning - a period of time just before an important event.

42.perception (noun)

English Meaning - understanding, discernment, recognition/realization; interpretation, impression.

43.fiercely (adverb)

English Meaning - boldly, aggressively.

44.on the decline (phrase)

English Meaning - declining, deteriorating, worsening, decreasing, falling.

45.electorate (noun)

English Meaning - all the people in a country who are eligible to vote in an election.

46.merely (adverb)

English Meaning - only, simply, just.

47.adjudicate (verb)

English Meaning - adjudge, judge, decide, settle, resolve.

48.set out (phrasal verb)

English Meaning - present, describe, set forth, detail, explain, state, put forward.

49.fall short (phrase)

English Meaning - fail to meet/reach; be deficient/inadequate/insufficient.

50.envisage (verb)

English Meaning - conceive, imagine, envision, think, perceive, apprehend.