Make law to appoint ECs or we step in, SC tells govt

NEW DELHI: The Supreme Court warned the central government on Wednesday it must write a law on the appointment of election commissioners or face an intervention by the judiciary.

In what could be a fresh flashpoint between the judiciary and executive, the apex court has been pushing the government to make the appointment of top officials in poll panels more transparent and consensual. Presently, the government appoints election commissioners without consulting other political parties. The court’s tough talk came a day after the government named Achal Kumar Joti as the next chief election commissioner (CEC) succeeding Nasim Zaidi for a period of six months. be a neutral person between political parties. Appointment has to be in a transparent manner,” a bench headed by Chief Justice JS Khehar said.

The court said Parliament was in “breach” of its duty, and under such circumstances the court could step in to fill the gap. Norms similar to the ones on appointing a CBI director are required to meet the constitutional mandate, the court said.

“Article 324 of the Constitution provided that the appointments of CEC and the election commissioners be made as per the enabling law. Even the President – who makes the appointments – is subject to the law. But, if there is no law then can’t the court step in to see that appointment is made in a transparent manner?” the bench said.