Editorial: CEC must be above board

SC’s proposal to include CJI in the committee that appoints the poll panel chief will ensure fair and transparent mechanism.

Hyderabad: The independence of constitutional bodies is an essential component of a healthy democracy. Their neutrality and fairness must be above board. However, there has been a disturbing trend in the recent past where the autonomy and independence of these institutions are sought to be tinkered with. With this, there is a danger of erosion of public faith in these constitutional bodies.

The Supreme Court is right in raising concerns over the manner of appointments of the Chief Election Commissioner (CEC) and Election Commissioners. While directing the Centre to produce the file relating to the appointment of former IAS officer Arun Goel as the CEC, a five-judge Constitution Bench of the apex court made a crucial proposal to include Chief Justice of India in the committee that appoints the poll panel chief.

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Such a broad-based arrangement will help in ensuring neutrality in the decisions of the institution and also in choosing a person who “does not allow himself to be bulldozed”. The main concern behind the SC’s suggestion is that the poll panel must be insulated from political pressure. The court has rightly pointed out that the CECs, of late, got truncated tenures while the Constitution mandates that they hold office for a period of six years. According to the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, the tenure of the CEC or an Election Commissioner is six years but they have to vacate the office when they turn 65.

During the UPA’s 10-year rule, there were six CECs while there have already been eight poll panel chiefs so far since the NDA took charge in 2014. Article 324 of the Constitution, which pertains to the EC and its top brass, does not mention any criterion for the appointment of these functionaries nor does it spell out the conditions of their service. After TN Seshan — who was the CEC from 1990 to 1996 — no officer has served a full term. The apex court has also underlined the need for a fair and transparent mechanism so that the ‘best man’ is appointed as the CEC. It has stated that the CEC should be capable of taking action even against the Prime Minister.

However, with opacity dominating the appointments, it is no wonder that the Centre has opposed petitions seeking a collegium-like system for the selection of CECs and Election Commissioners. There are growing concerns over the partisanship of the EC in recent years. Several decisions of the Commission came under scrutiny. An important constitutional exercise such as appointing the CEC and his or her subordinates should not be left to the whims and fancies of the executive. The arbitrary selection process, which is eroding the sanctity of these constitutional posts, must be discontinued as it poses a grave threat to India’s democratic setup.