Inclusion of CJI in consultative process for CEC appointment will ensure independence: SC

The Supreme Court on Wednesday said the inclusion of the Chief Justice of India in the consultative process for the appointment of Chief Election Commissioner would ensure independence of the poll panelThe apex court was of the view that any ruling party at the Centre likes to perpetuate itself in power and can appoint a Yes Man to the post under the current systemThe court was hearing a batch of pleas seeking a collegiumlike system for the appointment of Election Commissioners ECs and Chief Election Commissioner CECThe Centre argued that a 1991 Act ensured the Election Commission remains independent in terms of salary and tenure to its members and there is no trigger point which warrants interference from the courtIt said that the mechanism adopted for appointment of Chief Election Commissioner CEC is seniority among the election commissioners who are appointed by convention from secretary or chief secretary level officers of the Centre and state level respectivelyAlso Read SC to hear Mumbais Aarey colony tree felling matter on November 24However a fivejudge Constitution bench headed by Justice KM Joseph said the independence of the institution should be ensured at the threshold for which the appointment should be scanned at the entry levelEach ruling political party in the Centre likes to perpetuate itself in power Now what we want to do is concentrate on the consultative process for the appointment of CEC and the inclusion of the Chief Justice of India in the process would ensure the independence of the commission the bench also comprising justices Ajay Rastogi Aniruddha Bose Hrishikesh Roy and CT Ravi Kumar saidAttorney General R Venkataramani appearing for the Centre pointed out that the Election Commission Conditions of Service of Election Commissioners and Transaction of Business Act 1991 was a watershed moment that ensured independence in salary and tenure to the ECsThe law was passed by the Parliament after the report from the Dinesh Goswami committee So it cannot be said that there was no application of mind The law provides and ensures that the commission remains independent in terms of salary and tenure of its members which are intrinsic features for the independence of an institution he saidThe bench told Venkataramani that the 1991 law he is referring to only deals with terms of a service condition which is evident from its very nameSuppose the government appoints a Yes Man who has the same philosophy and is likeminded The law provides him all the immunity in tenure and salary then there is no socalled independence in the institution This is an election commission where independence should be ensured at the threshold the bench saidVenktaramani said that there are various facets of independence and salary and fixed tenure are some of themThere is no trigger point which warrants interference from the court It is not the case that there was some vacancy and it is not being filled or there is some arbitrariness which warrants courts interference in the process The mechanism presently adopted is that the senior most election commissioner is appointed as Chief Election Commissioner CEC he saidOn Tuesday the top court had termed the exploitation of the silence of the Constitution and the absence of a law governing the appointments of election commissioners and chief election commissioners a disturbing trendThe court has flagged Article 324 of the Constitution which talks about the appointment of election commissioners and said it does not provide the procedure for such appointmentsMoreover it had envisaged the enactment of a law by Parliament in this regard which has not been done in the last 72 years leading to exploitation by the Centre it has saidThe court has pointed out that since 2004 no chief election commissioner has completed the sixyear tenure and during the 10year rule of the UPA government there were six CECs and in the eight years of the NDA government there have been eight CECsThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever