The Supreme Court of India on Thursday raised concerns over the role of the executive in appointing the Chief Election Commissioner and Election Commissioners, questioning why there was no independent member in the selection panel.
A Bench led by Justice Dipankar Datta made the observations while hearing a matter related to the appointment process for members of the Election Commission of India.
Drawing a comparison with the appointment process of the CBI Director, Justice Datta noted that the Chief Justice of India is part of the panel selecting the CBI chief but not involved in appointments to the poll body.
“What about democracy?” the court asked.
“For a CBI director, CJI is there. But not for maintaining democracy? Not for ensuring pure elections?” Justice Datta observed during the hearing.
The Bench clarified that it was not insisting that the Chief Justice be included in the selection panel, but questioned why an independent member could not be part of the process.
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“Today Prime Minister picks one. And Leader of the Opposition picks another one. There is disagreement. The third member will go towards the LoP?” the judge remarked.
Attorney General R Venkataramani responded that he did not want to speculate on such situations.
“Then it is the executive who is controlling everything,” Justice Datta said.
The court also observed that decisions in such appointments could effectively be determined by a 2:1 majority, with the Cabinet minister on the panel unlikely to differ from the Prime Minister’s stand.
“What troubles us prima facie is why is there an executive veto?” the Bench observed.
The court further noted that while Parliament has the authority to frame laws, the Supreme Court remains the final interpreter of the Constitution and legislation.
The matter pertains to challenges surrounding the law governing appointments of the Chief Election Commissioner and Election Commissioners.
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