15-16th DECEMBER

by | Dec 22, 2023

OIC-India Diplomatic Dispute: Article 370 and Beyond

  • OIC’s Expression of Concern:

      • The Organization of Islamic Cooperation (OIC) issued a statement expressing reservations about the Indian Supreme Court’s recent judgment upholding the abrogation of Article 370.
      • Article 370, which granted special status to Jammu and Kashmir, became the focal point of the OIC’s concerns.
  • India’s Rejection:

      • India categorically rejected the OIC’s statement, deeming it “ill-informed and ill-intended.”
      • The rejection was grounded in the belief that the OIC’s stance might be influenced by a nation with a history of human rights violations and support for cross-border terrorism.
  • OIC’s Objectives and Background:

      • The OIC, founded in 1969, serves as the collective voice of the Muslim world.
      • Its primary goal is to safeguard the interests and rights of Muslims on a global scale.
  • India’s Critique of OIC:

      • Arindam Bagchi, the Ministry of External Affairs spokesperson, scrutinized the OIC’s credibility, emphasizing that statements influenced by a nation with a track record of human rights violations could undermine the organization’s standing.
  • Solidarity with Jammu and Kashmir:

      • Despite India’s rejection, the OIC restated its solidarity with the people of Jammu and Kashmir.
      • The organization reiterated its call for the right of self-determination for the region and urged the international community to adhere to relevant UN Security Council resolutions.
  • Diplomatic Implications:

    • This diplomatic dispute sheds light on the complexities of international relations, especially when dealing with differing perspectives on sensitive regional issues.
    • It underscores the importance of constructive dialogue and diplomatic solutions to navigate the intricate geopolitical landscape surrounding Jammu and Kashmir.

In summary, the OIC-India diplomatic dispute regarding Article 370 reveals the challenges in managing international relations amidst varying viewpoints on sensitive regional matters.

Also Read- Article 370 Verdict: Strengthening Unity through Ek Bharat, Shreshtha Bharat

Source- The Wire

Chief Election Commissioner and Other Election Commissioners Bill, 2023

In a recent development, the Rajya Sabha witnessed vehement opposition to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023. The proposed legislation aims to regulate the appointment process of the Election Commission of India (ECI), sparking concerns about potential executive influence.

Composition of EIC:

  • Chief Election Commissioner (CEC):
      1. The head of the Election Commission is the Chief Election Commissioner (CEC).
      2. The Chief Election Commissioner is appointed by the President of India.
  • Election Commissioners (ECs):
      1. The Election Commission can have other Election Commissioners, in addition to the Chief Election Commissioner.
      2. The President may appoint one or more Election Commissioners based on the requirements and as per constitutional provisions.
  • Tenure:
      1. The Chief Election Commissioner and other Election Commissioners have a fixed term of office or until they reach the age of 65, whichever is earlier.
      2. The term of office for Election Commissioners may differ based on the specific circumstances or constitutional provisions.
  • Independence:
    1. The Election Commission operates independently, insulated from external influences, to ensure impartiality and fairness in the conduct of elections.

Features of EIC:

Feature Description
Constitutional Body The ECI is a constitutional body established under Article 324 of the Constitution of India.
Independence It operates independently and is insulated from governmental influence during elections.
Composition The ECI consists of a Chief Election Commissioner and other Election Commissioners.
Appointment Appointments are made by the President of India, and the CEC and ECs have tenure security.
Term of Office The Chief Election Commissioner serves for a fixed term or until the age of 65, whichever is earlier. Election Commissioners serve for a similar term or until 62, whichever is earlier.
Role in Elections Conducts and supervises elections to the Parliament, State Legislatures, and the offices of the President and Vice President.
Power of Superintendence, Direction, and Control The ECI exercises these powers over the conduct of elections.
Electoral Rolls and Voter ID Cards Responsible for maintaining accurate electoral rolls and overseeing the issuance of voter ID cards.
Advisory Role Provides advice to the President on matters related to the disqualification of MPs and MLAs.
Quasi-Judicial Authority Acts as a quasi-judicial body to settle disputes related to the allocation of symbols and other election-related matters.
Code of Conduct Enforces the Model Code of Conduct during elections to ensure fair play and prevent malpractices.
Electoral Reforms Proposes and advocates for electoral reforms to improve the electoral process and system.
International Representation Represents India in international election forums and collaborates on global electoral best practices.

Constitutional Framework of EIC:

  • Critics argue that the Bill compromises the spirit of the Constitution, particularly Article 14, by subjugating the Election Commission to executive authority.
  • The debate highlights the clash between parliamentary supremacy and the judiciary’s role, with references to a Supreme Court judgment ordering a specific panel for selecting the ECI.

Procedure of Removal:

Step Description
1. Initiation of the Process
A motion for removal is initiated in either house of Parliament (Lok Sabha or Rajya Sabha).
2. Resolution in Parliament
The motion must be supported by a special majority: a majority of the total membership and two-thirds majority of members present and voting.
3. Impeachment Committee
The motion is referred to an impeachment committee for investigation into the charges against the official.
4. Committee’s Report
The impeachment committee submits its report, detailing whether the charges are substantiated.
5. Parliamentary Approval
Parliament considers the committee’s report, and if it agrees, the removal takes place through a subsequent resolution passed by the required majority.

.In response to criticisms, Law Minister Arjun Ram Meghwal defended the government’s position, challenging the Opposition’s historical record and emphasizing the need for the Bill’s enactment. The debate underscores the delicate balance between the powers of the executive and the autonomy of constitutional bodies like the ECI, raising crucial questions about the future of India’s electoral governance. As the Bill progresses, it remains to be seen how the tensions between the government and the Opposition will shape the future landscape of India’s election processes.

Source: The Indian Express

Written By Vishakha Khatri

My name is Vishakha Khatri. I am an engineering graduate and a civil service aspirant with a passion for spreading knowledge about Indian polity. I believe that understanding our political system is crucial for every citizen, and I am committed to making this information accessible to everyone in my own easy way. Through my experiences in civil service preparation and my unique perspective as an engineering graduate, I hope to inspire and educate others on the importance of Indian polity.

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