SC flags govt’s ‘tearing hurry’ on Arun Goel
The Supreme Court on Thursday questioned the “haste” and “tearing hurry” in appointing Arun Goel Election Commissioner (EC).
The Centre vehemently resisted the observations, with Attorney General R Venkataramani saying the whole issue pertaining to the appointment of Goel should be looked at in its entirety.
At the outset, a five-judge Constitution Bench headed by Justice K M Joseph perused the Centre's original file pertaining to Goel’s appointment as EC, and said, “What kind of evaluation is this? We are not questioning the merits of Arun Goel's credentials but the process.” As the Bench questioned the “lightning speed” with which Goel was appointed as an EC and also that his file did not even move within departments for 24 hours, the Centre through Venkataramani vehemently urged the Bench not to make observations without looking into the entire issue pertaining to the appointment process.
During the hearing, lawyer
Prashant Bhushan attempted to make submissions before the Bench when the attorney general was arguing.
"Please hold your mouth for a while,” the top-most law officer told Bhushan.
The top court reserved its verdict on a batch of pleas seeking a collegium-like system for the appointment of ECS and the Chief Election Commissioner and asked the parties to file written submission in five days.
Justice Ajay Rastogi, who is also part of the Bench, told Venkataramani, "You have to listen to the court carefully and answer the questions. We are not on individual candidates but on the process." The attorney general said he was bound to answer the questions of the court.
The top court said the 1985-batch IAS officer got voluntary retirement from service in a single day, his file was cleared by the law ministry in a single day, a panel of four names was put up before the prime minister and Goel's name got the nod from the President within 24 hours.
The Bench, which also comprised Justices Aniruddha Bose, Hrishikesh Roy and CT Ravikumar, said none of the four names in the panel was "carefully handpicked" by the law minister such that they could complete a six-year tenure.
Venkataramani responded that there were a mechanism and criteria for selection and there could not be a scenario where the government had to look back at every officer’s track record and ensure that he would complete the sixyear tenure.
Under the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, an EC can have a tenure of six years or up to the age of 65, whichever is earlier.
Referring to Goel's appointment, the Attorney General said his profile was important and not the voluntary retirement which was being made an issue.
The Bench said the 1991 Act said the EC'S tenure would be of six years and the government had to ensure the person who held the post completed the stipulated period.