Have worst system of picking election commissioners: Quraishi

Former Chief Election Commissioner (CEC) SY Quraishi on Monday noted that despite being the biggest democracy, India had the worst system of appointment of an election commissioner. However, he added that with the Constitution giving immense powers to an election commissioner, it is up to the appointed person to show some backbone.

He even noted with concern that judiciary in India had been compromised as had been the poll panel. But he added that the Constitution could not be faulted for this, because in the words of Dr BR Ambedkar, the Constitution is as good or as bad as the people who it is administering.

However in the same breath, Quraishi refrained from commenting on how the judiciary and the EC had been subjugated, saying that it was a matter of speculation. Quraishi’s comments came amid the raging debate in recent times over the process of appointment of the CEC, where the CJI has been replaced by a Cabinet Minister from the selection panel, which is led by the PM and also consists of the Leader of Opposition.

"In the last two to three years, there has been a debate about the process of selection of election commissioners in India. I was also a beneficiary of political benevolence as the then ruling party (the Congress) had appointed me. But the Constitution had given me protection and so the moment I sat on the chair (of the CEC), I distanced myself from the government and censured the law minister who had issued my appointment letter. We (Election Commission of India) also chargesheeted three ministers of the Congress for violation of the model code of conduct," the former CEC said, while participating in a discussion over his latest book titled 'Democracy's Heartland'.

He went on to add, "India is the best and biggest democracy on Earth, but has the worst system of appointing the CEC, which affects our credibility."

Quraishi illustrated the example of Nepal, which he said, had a much better system of appointment of an election commissioner.

To a question on whether only the system of appointment of a CEC was flawed or also the system, which says that once elections are announced, no judiciary can act against it, the former poll body chief said, "In fact, the most brilliant part of the Constitution is Article 329, which debars judiciary from interfering in elections and which is why we have managed to always conduct elections on time and not once since Independence has any election been delayed or disrupted. Article 329 was challenged in Supreme Court in 1951, but the apex court came up with the verdict that the Constitution is clear that no court, including the Supreme Court can interfere when elections are in motion."

This is the reason why India has managed to conduct elections on time always and the transition of power has been smooth and no dispute has ever been reported, Quraishi said.

Responding to a question by the moderator of the event, Pushpesh Pant, over the probability of the judiciary choosing to look the other way and taking years in disposing of petitions challenging an election, and the Election Commission announcing polls, Quraishi said, "It is a matter of concern that our judiciary has been compromised. This institution has gone down as has the Election Commission. But it is not the fault of the Constitution, as Dr BR Ambedkar had said that a Constitution is as good or as bad as the people who it is administering. How the judiciary and the Election Commission have been subjugated is a matter of speculation and I would rather not comment on it."