Why judges' views on 'media bias' are worrying

Dhananjay Mahapatra
Mar 10, 2023 | 20:25 IST

In EC case, judges accepted petitioners’ arguments on media ‘bias’ without a detailed study

Recently, the Supreme Court using its omnibus powers under Article 142 of the Constitution virtually legislated to prescribe a new selection procedure for chief election commissioner and election commissioners in a bid to make the body – constitutionally tasked to conduct free and fair elections – truly independent and neutral.

In the judgment, Justice KM Joseph-led five-judge constitution bench adversely remarked on media, relying on petitioners’ arguments, a 2012 report of the Hindu newspaper and a report by ‘Citizens Commission on Elections’, which was headed by former SC judge Madan B Lokur and included ex-CIC Wajahat Habibullah, a former IAS officer close to former PMs Indira Gandhi and Rajiv Gandhi.
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