‘Laxman Rekha’ is clear in the constitution, Law Minister Rijiju targets the Supreme Court on the appointment of Election Commissioner

New Delhi. Law Minister Kiren Rijiju on Saturday drew attention to the constitutional ‘Lakshman Rekha’ guiding various institutions including the executive and the judiciary. He wondered who would perform judicial functions if judges became part of administrative appointments. Kiren Rijiju said this in response to a question asked about a recent decision of the Supreme Court. A Supreme Court bench has directed the government to constitute a committee consisting of the Prime Minister, the Chief Justice of India and the Leader of the Opposition in the Lok Sabha to select the Chief Election Commissioner (CEC) and other election commissioners until a new law is enacted. Do it.

The law minister said in the ‘India Today Conclave’, “The process of appointment of election commissioners is given in the constitution. Parliament has to make a law, according to which the appointment is to be made. I agree that there is no law in Parliament for this, there is a vacancy. Rijiju said that he is not criticizing the Supreme Court’s decision nor talking about its ‘consequences’. The minister said that he believes that if judges indulge in administrative work, they will have to face criticism. Rijiju said, “Suppose you are the Chief Justice or a judge. You are part of an administrative process on which questions will be raised. Then this matter will come in your court. Can you make a decision in a case that you are a part of? Here the principle of justice will be compromised. Therefore, the ‘Lakshman Rekha’ is very clear in the Constitution.

The Supreme Court, in a recent landmark judgement, had set aside the appointment of the Chief Election Commissioner and other Election Commissioners from executive interference, saying that the appointment would be made by the President on the advice of a committee, consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha and members of the country’s Parliament. Chief Justice will attend. A five-member constitution bench headed by Justice KM Joseph, while giving a unanimous verdict, said that this rule will continue till the Parliament makes a law in this matter.

Election Commissioner Anoop Chandra Pandey will retire
Election Commissioner Anoop Chandra Pandey will retire on February 14 next year and a post will be vacant. In response to a question, he said that there is a difference of opinion and difference of opinion in a democratic set-up, but it is not right to call it a ‘conflict’. Rijiju also admitted that the appointment of judges is ‘purely administrative in nature’ and not a judicial function. He said that according to the constitution, the appointment of judges is the responsibility of the government.

gay marriage debate
On the issue of same-sex marriage, he reiterated that such issues should be debated in Parliament, which reflects the will of the people. He said that if a law passed by the Parliament does not reflect the spirit of the Constitution, the Supreme Court has the option of changing it or ruling against it or sending it back to the Parliament.

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