The Chief Justice of the Supreme Court is on the CBI Director Appointment Committee. Again, he was not included in the selection panel of the Election Commissioner. But why? The Supreme Court has raised such a question.
“The Chief Justice is on appointment as the Director of CBI,” Justice Dipankar Dutta said while hearing the Chief Election Commissioner and Commissioner appointment case on Thursday. We can say, law and order situation is involved with this appointment. Taking the argument further, we can also talk about the rule of law. But, what about protecting democracy or free and fair elections?
Justice Dutta did not stop there. In his words, we are not saying that the Chief Justice should be included in the panel for appointing the Election Commissioner. But why is there no neutral member in the committee? Why should someone from the Union Cabinet be included in the panel?
I want to make one thing clear. Today the Prime Minister has chosen a person. But the Leader of Opposition in Lok Sabha prefers someone else. Under the current rules, will the third member of the committee ever support the Leader of the Opposition?
Attorney General R. Venkataraman refused to answer the judge’s questions directly. He said, in reality it may not be so. But I make no second guesses.
Justice Dutta later said that this meant the government assumed that everything was under control. As per the new rules, the Election Commissioner appointment panel has three members. The Prime Minister, the Leader of the Opposition in the Lok Sabha and a Union Minister nominated by the Prime Minister. In such cases, the government has many advantages while taking decisions. The matter did not go unnoticed by the Supreme Court.
The Supreme Court’s observation is that such appointments require the approval of two of the three members of the panel. If the Prime Minister and the Leader of the Opposition have different views on that matter, the Union Minister is less likely to oppose the Government.
“What’s confusing,” the judge added, “is why there is administrative veto power in this case?” Parliament was not aware of this despite all these incidents?
