NEW DELHI: The Supreme Court on Tuesday questioned the way Chief Election Commissioners (CEC) are appointed, noting that whichever party comes to power, CECs invariably get truncated tenures.
A five-judge Constitution bench headed by Justice K M Joseph made the observation while considering a petition seeking a collegium-like system for the appointment of members of the Election Commission. Underlining various examples of CECs having very short tenures since 2007, Justice Joseph said the candidates’ date of birth is known to the government and yet, they pick people who wouldn’t last the full term of six years.
According to the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, a CEC will have a tenure of six years but will have to vacate office when he or she attains the age of 65 years.
Justice Joseph said short tenure affects the independence of the CEC. “This trend has continued... be it the UPA government or this government,” he added. The judge further said that the court is very well aware of the government’s reluctance to let go of the present structure. Referring to Article 324(2) of the Constitution under which the appointments to members of the Election Commission of India are made by the President subject to the law made by Parliament, the court asked Attorney General R Venkataramani to apprise the bench on whether any law has been implemented by the legislature for such appointments.
The bench said, “The Constitution has cast an obligation on Parliament. If there is room for making a law, can how long you can argue you will not? We are taking this up after 70 years.” The AG submitted that the court should not step into Parliament’s domain.
‘Need CJI in select panel’
The Supreme Court said “silence of the Constitution” is exploited by all parties, adding that the absence of a law governing the appointments of ECs and CECs is a “disturbing trend”. It said the presence of the CJI in the select panel would be the best system