Pointing to the void in the law, the apex court even said that to ensure "fair and transparent" selection process, it could step in to lay down guidelines
The Supreme Court on Wednesday questioned the Centre on why no enabling law for the appointment of the Chief Election Commissioner and Election Commissioners had been framed under the Constitution so far.
Pointing to the void in the law, the apex court even said that to ensure "fair and transparent" selection process, it could step in to lay down guidelines.
"The Election Commissioners supervise and hold elections across the country and this is the significance of their office. Their selection has to be made in the most transparent manner," a Bench comprising Chief Justice JS Khehar and Justice DY Chandrachud said. The Bench was hearing a PIL on the matter.
Referring to Article 324(2) of the Constitution, the Bench observed, "It is expected from Parliament to make the law."
The court, however, acknowledged that till now, the appointments of Election Commissioners had been "very, very fair and politically neutral".
Solicitor General (SG) Ranjit Kumar, representing the Centre, said the President and the Prime Minister appoint the CEC and ECs and the court cannot be asked by the petitioner to intervene.
To this the Bench asked, "Tell us, why no law has been made?"
"Who should be short-listed? Who short-lists these names? What is the eligibility? There is nothing to show the procedure followed in selecting them," the Bench observed.
When the SG said the Centre had made a law on appointment of judges in the higher judiciary, the Bench replied in a lighter vein by saying "forget judges." The Centre had enacted the National Judicial Appointments Commission Act, which was struck down by the apex court.
"None other than the Prime Minister is involved in the selection of the Election Commissioners. Besides, it is for Parliament to decide whether there should be a law or not," the SG asserted.
At the outset, Prashant Bhushan, appearing for petitioner Anoop Baranwal, said a direction should be issued for making the law to ensure a "fair, just and transparent process of selection by constituting a neutral and independent selection committee to recommend the name for the appointment of the members of the Election Commission".
He also said that the Law Commission and parliamentary and statutory committees have also favoured transparent and fair procedures for appointing the CEC and ECs.
"The independence of the Election Commission is paramount," he said, adding that the selection and appointment cannot be left at the hands of the political executives.
The Bench expressed unhappiness over the fact that an officer of the rank of Deputy Secretary had filed the response on behalf of the Centre in such an important issue.
The Bench said it will accord the final hearing in the matter and fixed it for hearing after two months.
SG’S REPLY TO SC
- Solicitor General Ranjit Kumar, representing the Centre, said the President and the Prime Minister appoint the CEC and ECs and the court cannot be asked to intervene.
- He said, “It is for the Parliament to decide whether there should be a law or not.
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