NEW DELHI: The Centre on Friday told the Supreme Court that the Constitution does not require judicial representation on the Election Commission appointment committee, and including a member from the judiciary is a policy choice of the legislature, not a constitutional necessity.
The Centre defended the move to remove the CJI from the CEC’s or ECs’ selection panel, which the SC had suggested as an interim arrangement, and substitute him with a Union minister.
It opposed the petitioner’s submissions that replacing the CJI with a cabinet minister would affect the independence of the ECI. It said the law passed by Parliament suffers from no illegality and “elections were never compromised” even when appointments were made solely by the executive, a practice that continued for over seven decades.
It argued that the link drawn between exclusive executive power in EC appointments and lack of institutional independence is "speculative“.
"The issue is not what appointment procedure would find favour with this court, but whether any such judicial review is permissible at all,” it stated.
The affidavit highlighted, “The allegations of petitioners are wholly without any basis. It is well settled that no law can be challenged on the ground that it was made with an ulterior motive.”
The SC was hearing a number of PILs challenging the EC law on the appointment of the CEC and ECs by a panel which does not include the CJI. The plea challenged the validity of the Act and contended that the law was passed without substantial debate in Parliament, and at that time.
“The potential abuse or speculative apprehensions regarding the future conduct of ECs could not render the legislation unconstitutional,” Attorney General, R Venkataramani said and sought a direction from the SC that the batch of pleas should be dismissed.
