SC Constitution Bench to decide if Collegium should select CEC, ECs

Satya Prakash
Tribune News Service
New Delhi, October 23

The Supreme Court on Tuesday referred to Constitution Bench a PIL for establishing a Collegium for the appointment of Chief Election Commissioner and Election Commissioners outside the exclusive power of the executive, which currently makes these appointments.

A Bench of Chief Justice of India Ranjan Gogoi and Justice SK Kaul referred the petition by Anoop Baranwal after it was pointed out that the process for appointment of the CEC and ECs was different from those for other top constitutional positions.

Baranwal has sought a direction to the Centre to constitute a “neutral and independent selection committee” to recommend names for the post of CEC and ECs.

During the arguments, Attorney-General KK Venugopal said there were 15 such constitutional posts, including that of the Comptroller and Auditor General of India, for which appointments were made by the President on the advice of the Cabinet.

“If you are going to test one post, you will have to test all these posts,” Venugopal said.

But the Bench was not convinced with his submission that appointments of CEC and ECs were consciously left to the executive under the constitutional scheme. Venugopal tried to impress upon the court by citing the example of former CEC TN Seshan, who was known for independence.

On behalf of the petitioner, advocate Prashant Bhushan said there was a gap in the law with regard to appointment of CEC and ECs that needed to be plugged to ensure the independence of the poll body.

Demanding a change in the system of appointing Chief Election Commissioner and election commissioners, former CEC SY Quraishi had in January last year said they should be appointed by a Collegium that included Leader of Opposition (LoP) in the Lok Sabha.

In July last year, the top court had questioned absence of a law prescribing proper process and procedure for appointment of CEC and Election Commissioners.

“If there is a formal law and panel to select CBI chief then why not for CEC and ECs?” a Bench headed by then CJI JS Khehar had asked while hearing Baranwal’s PIL.

The NDA Government has maintained that the current practice of selecting CEC and ECs has worked satisfactorily. Under the Transaction of Business Rules, the Prime Minister with the aid and advice of his Council of Ministers makes the appointments of CEC and ECs.

While agreeing that those appointed so far had been outstanding people who maintained neutrality, the Bench had insisted that the present system of appointment lacked a proper procedure. It had wondered why Parliament could not enact a law to put in place an independent Collegium for selecting CEC and ECs.