New Delhi: Noting the situation on the ground is “alarming”, the Supreme Court on Tuesday mooted that the country needs a Chief Election Commissioner (CEC) with character like the late TN Seshan who “does not allow himself to be bulldozed.” The top court said the Constitution has vested enormous powers on the “fragile shoulder” of the CEC and the two election commissioners (ECs) and deliberated on the idea of including the Chief Justice of India (CJI) in the appointment committee to ensure “neutrality”.
Hearing petitions seeking reforms in the system of appointing the election commissioners, a five-judge Constitution bench comprising Justices K M Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and C T Ravikumar, said its endeavour is to put a system in place so that the “best man” is selected as the CEC.
“There have been numerous CECs and T N Seshan happens once in a while. We do not want anyone to bulldoze him. Enormous power has been vested on the fragile shoulder of three men (two ECs and the CEC). We have to find the best man for the post of CEC. The question is how do we find that best man and how to appoint that best man,” the bench said.
It told Attorney General R Venkataramani, who appeared in the matter on behalf of the Centre, “What is important is that we put a fairly good procedure so that apart from competence, someone of strong character is appointed as the CEC.”Venkataramani said nobody can have any objection to it and in his view, even the government is not going to oppose the appointment of the best man, but the question is how can it be done.
“There is no vacuum in the Constitution. Election commissioners are presently appointed by the president on the aid and advice of the council of ministers. When there were no enactments, the Vineet Narain and Vishaka judgments (that laid down guidelines for dealing with sexual harassment at workplace) happened but in this case, there is no such vacuum,” he said, adding that the court has to look at the issue from this perspective.
What else did the bench say?
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