The honorable Supreme court on Wednesday asked Centre to provide reasons for not making any law to appoint the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
Bench headed by Chief Justice J S Khehar along with Justice D Y Chandrachud were surprised and questioned if centre will ever make law regarding this or if Supreme Court should step in and prepare guidelines for the appointment of CEC and EC in a fair and independent manner.
“Absence of law may force the court to step in to ensure that the appointment of CEC and ECs is fair…for whatever reasons Parliament did not pass the law. Even for appointment of CBI director, Leader of Opposition is involved,” the bench asked Solicitor General Ranjit Kumar.
Supreme court while making observations pointed at Article 323 (2) of the constitution that states that “The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President”
Solicitor general tried to answer by saying that CEC and ECs are appointed by both President and Prime Minister for which court objected by saying that there are no specific procedures for the appointment.
The question has now arisen after recent appointment of Achal Kumar Joti as CEC by Modi Sarkar.
Prime Minister who claims to clean the society by bringing reforms in the administration has to ensure that this aspect is checked and rectified at least after the observation by the highest court of India.
Election commission being one of the sacred institution that has to be politically free for any democracy to thrive. Court has observed that till now all ECs were appointed in a free and independent manner.
The observation may be because of new government is doing very little to protect the ethos of democracy. Will Modi Sarkar enact a law regarding this or will be silent to kill democracy?