SC judgement of the EC appointments directs the formation of a committee
The Supreme Court has passed a historic judgement for the Election Commission and its appointment. The five-judge Constitution Bench, comprising Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and CT Ravikumar, has now passed a judgement that will guard the appointment of Election Commissioners in the country.
Supreme Court Observer tweeted-
Today, the Justice K.M. Joseph-led Constitution Bench directed the formation of a committee comprising the PM, Leader of Opposition and CJI to oversee the appointment of Election Commission members. Read SCO’s report on the decision here: https://t.co/B6Nr5SnWQz
— Supreme Court Observer (@scobserver) March 2, 2023
How will the ECs be appointed?
A committee consisting of the Prime Minister, the leader of the Opposition in the Lok Sabha (or leader of the largest opposition party), and the Chief Justice will advise the President on the matter, who will then appoint the EC.
How was EC elected until now?
Until now, there was no clear committee or process for the selection of the EC. It was by and large the decision of the Central Government. This non-transparent process was always criticized as it impacted the democratic structure of the nation.
What was the issue with the appointment of Arun Goel?
In the judgement, the SC also discussed how the appointment of the current EC Arun Goel was questionable. In November 2022, the vacant EC post was filled by Arun Goel, a former civil servant. On the same day, Arun Goel sought voluntary retirement as he was appointed the EC.
Supreme Court said, “The appointee, it was noted was to superannuate in the month of December 2022 and had taken voluntary retirement, was found to be the youngest of the four members of the panel…Not coming as a surprise, on the same day, his appointment as Election Commissioner was also notified. We are a little mystified as to how the officer had applied for voluntary retirement on November 18, 2022, if he was not in the know about the proposal to appoint him.”
The SC put this in question and asked the Centre to clarify how it had suggested names of people who would not have been able to complete the six years tenure. According to the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, Clause 4- “The Chief Election Commissioner or an Election Commissioner shall hold office for a term of six years from the date on which he assumes his office.”
What does the Constitution say about the Election Commission?
Articles 324-329 of the Indian Constitution deal with the powers, functions, tenure, eligibility, etc, of the Election Commission.
Article 324 of the Constitution reads- “the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made on that behalf by Parliament, be made by the President.”
Despite this provision, there was no decision taken by any political party that had come to power to make a law on ECs appointment.
The SC also stated, “A large section of the media has abdicated its role and become partisan.”
With elections being such an important process in maintaining democracy, it is imperative that the EC remains independent. Media coverage of issues, money, and power have all made elections undemocratic. This step of the SC will help in maintaining transparency and building trust.
The apex court also added “Criminalisation of politics, a huge surge in the influence of money power, the role of certain sections of the media where they appear to have forgotten their invaluable role and have turned unashamedly partisan, call for the unavoidable and unpostponable filling up of the vacuum.”
Read more- Rahul Gandhi invokes ‘Pegasus’ in his Cambridge University speech
Reactions to the Judgement
Derek O’Brien, a Member of the Parliament from West Bengal and member of the All India Trinamool Congress, also tweets-
HUGE
So Extremely Compromised (EC) can again strive to become Extremely Competent (EC)
(Reaction to historic Supreme Court direction for appointment of election commissioners)
VIDEO
More on #instagram: https://t.co/xM4kJ9oRAA pic.twitter.com/tevOO13iwX
— Derek O'Brien | ডেরেক ও'ব্রায়েন (@derekobrienmp) March 2, 2023
Lawyer Prashant Bhushan also tweets-
Kudos to the SC for a historic judgement directing an important reform in the Election Commission; that ECs will not be appointed by the Govt alone, but by a committee of PM, LOP & CJI. Will have an important impact on the functioning of EC which is acting as an agent of the Govt
— Prashant Bhushan (@pbhushan1) March 2, 2023
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