VP Jagdeep Dhankhar Questions Judiciary’s Role in Selecting Officials Amid Controversy Over New CEC Appointment

New Delhi: The upcoming appointment of India’s next Chief Election Commissioner (CEC) has triggered a fresh debate over the balance of power between the executive and the judiciary, with Vice President Jagdeep Dhankhar’s remarks adding a new dimension to the controversy.

As the selection committee, led by Prime Minister Narendra Modi, gears up to finalize the appointment on February 17, concerns over the independence of the Election Commission have resurfaced. The retirement of current CEC Rajiv Kumar on February 18 marks the first such appointment under the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023. This law replaced the earlier system where the Chief Justice of India (CJI) was part of the selection panel, now replaced by a Union Cabinet Minister.

Critics argue that this move grants the executive disproportionate control over the Election Commission, weakening its autonomy. Amid this debate, Vice President Dhankhar questioned the judiciary’s involvement in executive appointments, asking, “How can in a country like ours or in any democracy, by statutory prescription, the Chief Justice of India participate in the selection of the CBI director? Can there be any legal rationale for it?”

Dhankhar’s remarks have fueled concerns about the separation of powers, with the Supreme Court currently reviewing the constitutional validity of the 2023 Act. A bench led by Justice Surya Kant is examining whether the law weakens the judiciary’s authority under Article 141 of the Constitution.

With the selection committee meeting just days away, the decision will be a crucial test of the new law’s impact on the Election Commission’s independence. The panel, comprising PM Modi, Home Minister Amit Shah, and Leader of the Opposition Rahul Gandhi, will recommend a candidate to the President, continuing the long-standing tradition of the senior-most Election Commissioner being elevated to the top post.