‘Need people like TN Seshan’: Indian apex court bats for strong election commission
T N Seshan is known for bringing key electoral reforms as the poll panel chief from 1990 to 1996
Need a strong Chief Election Commissioner “with a character” who “doesn’t allow himself to be bulldozed”, remarked the Supreme Court of Indiawhile hearing petitions seeking reforms of the country’s poll body.India’s Election Commission consists of a Chief Election Commissioner (CEC) and two Election Commissioners.
The appointment of the election commissioners is followed as per the procedure established by the Indian Constitution.
According to Article 324(2) of the Constitution, the president appoints CEC and ECs after receiving advice from the Council of Ministers, which also includes the prime minister.
The article states that CEC and ECs would be appointed as per the said procedure until the parliament enacts a law fixing the criteria for selection, conditions of service and tenure. However, no such law has been enacted for the purpose.
The petition seeks a fair and transparent procedure for the appointment of CEC and ECs.
Reacting to the plea, a five-judge Constitution bench headed by Justice K M Joseph on Tuesday said that there needs to be a system in place so that the "best man" is selected as the CEC, and added that the government pays only "lip service" to the independence of Election Commissioners.
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Justice K M Joseph criticised the Union government over the short tenure of CECs, saying, "Their (CECs) tenure is highly truncated and known from the very beginning… In this way, this so-called independence that you pay lip-service to, I am sorry to say, is completely destroyed by getting this kind of a term.”
Justice Joseph said it has been 72 years since the Constitution was adopted but still there is no law on the appointment of election commissioners, despite being envisaged in the Constitution.
The court pointed out that the "situation on the ground is alarming" and that it wants a CEC like late T N Seshan, who is known for bringing key electoral reforms as the poll panel chief from 1990 to 1996.
“There have been numerous CECs and T N Seshan happens once in a while. We do not want anyone to bulldoze him. Enormous power has been vested on the fragile shoulder of three men (CEC and two election commissioners). We have to find the best man for the post of CEC," the court said.
The government's counsel, Attorney General for India R Venkataramani, argued that the Centre was in favour of appointing the “best man”, but raised doubts on how it can be done.
"There is no vacuum in the Constitution. Election commissioners are presently appointed by the president on the aid and advice of the council of ministers," he said.
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