Constitution Bench to take up PIL on collegium for CEC, ECs

NEW DELHI:The Supreme Court today referred to the Constitution Bench a PIL seeking setting up of a collegium for the appointment of Chief Election Commissioner and Election Commissioners outside the exclusive power of the executive, which currently makes these appointments.

Satya Prakash

Tribune News Service

New Delhi, October 23

The Supreme Court today referred to the Constitution Bench a PIL seeking setting up of 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.

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 the 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 the CEC and ECs that needed to be plugged to ensure the independence of the poll body.

Demanding a change in the system of appointing the 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 in the Lok Sabha.

Point of law

The petitioner wants a neutral and independent selection committee to recommend names for the post of CEC and ECs
Attorney-General KK Venugopal said, “If you are going to test one post, you will have to test all these posts”