SC judgement on CEC panel misinterpreted, independence of EC must, says expert
“Just because the constitution bench says this is an interim arrangement and be subject to the final law made by Parliament doesn’t mean that the parliament or the executive completely ignores the entire constitution bench judgment and just focuses on that last sentence,” senior advocate Sanjay Ghosh said, adding that this is a complete subversion of the constitution.
The Centre’s argument that the Supreme Court judgement itself had termed the Chief Election Commissioner-selection committee comprising the Chief Justice of India (CJI) to be a temporary one until Parliament makes a law for such a panel, doesn’t hold water because the apex court’s judgement has to be understood in context, believes senior advocate Sanjay Ghosh.
The said judgement clearly states that the judiciary and the election commissioner have to be independent of political parties and the executive, he told CNBC-TV18 in an exclusive conversation.
“Just because the constitution bench says this is an interim arrangement and be subject to the final law made by Parliament doesn’t mean that the Parliament or the executive completely ignores the entire constitution bench judgment and just focuses on that last sentence,” he said, adding that this is a complete subversion of the constitution.
Ghosh was speaking on a bill introduced by the government on Thursday (August 11) proposing to replace the Chief Justice of India with a Cabinet minister in the panel to select the Chief Election Commissioner. The Prime Minister and the Leader of the Opposition in Lok Sabha are the other members in the panel.
The Centre had argued in Parliament that the constitution bench of the SC had in its judgement said that the current panel comprising the CJI would be an interim arrangement until Parliament made a law in this regard.
Ghosh said the current arrangement should be hailed, as the Chief Justice or the judiciary is the last bastion where the common man still has faith.
“Surely no one can argue with the impartiality of the Chief Justice,” he said.
Ghosh also highlighted concerns about the diminished stature of the Chief Election Commissioner (CEC) and Election Commissioners in comparison to their previous position equivalent to a judge's status. This perceived reduction in status, moving them down to the level of a cabinet secretary, raises questions about their ability to effectively perform their roles.
“If you are not going to give them the status, which is a little above what they retired as, their role as ultimately directing secretaries, directing chief secretaries of states in in matters of election would somewhat be compromised. It is always better to give them a status higher than all the bureaucrats because as you know, when the model code of conduct is in, in force then they are the super in charge of all the bureaucrats,” he said.
(Edited by : Pradeep John)
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