'How Can Chief Justice...': VP Dhankhar Questions CJI's Role In Executive Appointments, Calls For Revisit

Vice President Jagdeep Dhankhar today stated that in a democracy such as India, the Chief Justice of the nation should not be engaged in any executive appointment. "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?" Mr Dhankhar wondered.

"I can appreciate that the Statutory prescription took shape because the executive of the day has yielded to a judicial verdict. But the time has come to revisit. This surely does not merge with democracy. How can we involve the Chief Justice of India with any executive appointment?" he added.

His remarks coincide with the scheduled meeting for choosing the next Chief Election Commissioner. The appointment would be the first since the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act of 2023 was approved.

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The act followed a Supreme Court decision in March 2023 that authorised a three-member panel consisting of the Prime Minister, the Leader of the Opposition, and the Chief Justice (CJI) to function until Parliament enacted a law.

However, the CJI was barred from serving on the panel under the new statute. Detractors argue that the new regulation represents undue presidential meddling in nominations and undermines the poll panel's independence.

Chief Election Commissioner (CEC) Rajiv Kumar is scheduled to retire on February 18, and the selection committee for his replacement is anticipated to convene on Monday.