The Polit Bureau of the CPI(M) strongly denounces the manner in which the Modi government is undermining the Constitutionally-mandated independence of the judiciary by negating judgments of the Supreme Court.

A Constitution Bench of the Supreme Court, in its judgment, said that the Chief Election Commissioner and the Election Commissioners should be appointed by a committee consisting of the Prime Minister, the Leader of Opposition in the Lok Sabha and the Chief Justice of India.  The Modi government has now introduced a Bill where the Chief Justice of India is replaced by “a Union Cabinet Minister to be nominated by the Prime Minister”.  This ensures that the majority opinion of the Executive will always prevail.  This destroys the impartiality and the independence of the Election Commission.  The Constitution of India mandates an impartial Election Commission, independent of Executive pressures and influence,  to conduct “free and fair elections”.

This move by the government comes soon after negating yet another Constitution Bench judgment of the  Supreme Court on the powers of the Delhi  government.  The Modi government had first issued  an ordinance nullifying this judgment which was  subsequently legislated by the Parliament.

The Modi government’s drive for controlling the independent organs of the State is abominable.  The CPI(M) will strongly oppose this Bill, that has been introduced in the Parliament,  and calls upon all the parties committed to defend and uphold the Constitution of India to come forward to defeat this Bill.