Last Updated on April 18, 2023 by Administrator
Issue – Arun Goel’s appointment as Election Commissioner is being contested in court on the grounds that it is unjust, violates the organisation’s autonomy and organisational integrity, and is therefore in violation of Articles 14 and 324(2) of the Indian Constitution when read with Section 4 of the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business).
Facts of the case – The petition submitted by Association for Democratic Reforms (ADR) makes note of the fact that the petitioner had previously contested the constitutional validity of the practise of executive appointment of Election Commission members as being in violation of Articles 14, 324 (2), and fundamental elements of the Constitution. Through the petition, the petitioner had also called for the establishment of a fair and impartial body to choose the Election Commission’s members. Arun Goel was appointed Election Commissioner, nonetheless, before the start of the proceedings.
As a result, the PIL challenged Goel’s appointment as India’s Election Commissioner.
Arguments – Goel would have remained longest in the ECI since he was the youngest of the four members on the committee when the Union of India substantiated his nomination.
According to the petition, an ineffective panel was purposefully assembled to support Goel’s appointment on the basis of his advanced age. The Government appointed Goel without providing any justification as to why the officers who would have had a full tenure of six years as required by Section 4 of the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 and who were younger in age than Goel were not empaneled.
Provisions used in the case – Section 4 of the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, Articles 14, 324 (2) and basic features of the Constitution.
Case – ADR v. UoI And Ors.
Written By – Nikita Shankar @nikitaashankar
