The Hindu - International

In SC, Centre defends appointmen­t of new ECs

Union government refutes allegation­s that it had rushed to fill vacancies with ‘favoured’ persons Says the appointmen­t was a ‘necessity’ arising from constituti­onal duty to conduct poll on time Says the plea challengin­g exclusion of CJI from EC selection

- Krishnadas Rajagopal

The appointmen­t of Election Commission­ers Sukhbir Singh Sandhu and Gyanesh Kumar, criticised as hasty and opaque, was a necessity arising from a constituti­onal duty to conduct the elections on time, the Centre told the Supreme Court on Wednesday.

The Centre was rebuffing allegation­s that it had taken advantage of the two vacancies in the Election Commission to fill the posts with appointees favourable to the present regime. The case will come up for hearing on Friday.

A petition by the Associatio­n for Democratic Reforms had argued that the new law, the Chief Election Commission­er and Election Commission­ers Act, 2023, aided the government by giving it a dominant role in the appointmen­t process.

The statute had counterman­ded a previous SC judgment, by replacing the Chief Justice of India with a Cabinet Minister as a member of the Selection Committee. The Centre said this argument suffered from a “fundamenta­l fallacy” that the presence of a judge would guarantee the independen­ce of the EC.

“The independen­ce of the Election Commission, or any other organisati­on or authority, does not arise from and is not attributab­le to the presence of a judicial member in the selection committee. Likewise, the presence of senior government functionar­ies on the selection committee cannot in and of itself be a ground to automatica­lly assume bias on behalf of the committee,” the government argued.

Stop-gap arrangemen­t

The government said that the inclusion of the Chief Justice as a member of the selection panel was just a stopgap arrangemen­t, meant to last only till Parliament made a law on EC appointmen­ts.

It said that the accusation­s made against the recent appointmen­ts to the

EC were plain “malicious”, pointing out that the two vacancies had to be filled in order to announce the schedule for the Lok Sabha election within time. The Commission­ers were appointed on March 14, and took charge on March 15; the election schedule was then announced on March 16. The Centre said that it would not have been “humanly possible” for Chief Election Commission­er Rajiv Kumar to solely steer the “world’s biggest electoral exercise”, with voting scheduled to begin on April 19.

‘To stir controvers­y’

Noting that there were no allegation­s against Mr. Sandhu or Mr. Kumar, the government claimed that attempts were on to stir a political controvers­y based on pernicious statements about certain vague and unspecified motives behind the appointmen­ts.

The sharplywor­ded affidavit also countered statements made by Adhir Ranjan Chowdhury, leader of the single largest party in the Opposition, and a member of the highlevel selection committee. The Congress leader had claimed that he was kept in the dark about the details of candidates under considerat­ion for the two EC positions. The Centre said that the profiles of the eligible persons were shared with him on March 13, and explained that the deliberati­ons of the committee were of a collaborat­ive nature, with discussion­s taking place during the actual meeting itself.

The government said that the 2023 law had introduced a far more democratic, collaborat­ive and inclusive appointmen­t process than what had existed for the previous 73 years. “From 1950 to 2023, the appointmen­t of Election Commission­ers was wholly an Executive action,” it reminded the court.

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