Petition Filed in Supreme Court by ADR Seeks Collegium System of Appointing Election Commissioners
(Judicial Quest News Network)
A plea has been filed in Supreme Court challenging the constitutional validity of the practice of the respondent in appointing the members to the Election Commission as being in violation of Article 14.324(2) and basic features of constitution.
The plea has been preferred by Association for Democratic Reforms (ADR), a registered Society under the Societies Registration Act XXI of 1860, has been in the vanguard of electoral and political reforms in the country. Its activities comprise advocacy for transparent functioning of political parties, conducting a detailed analysis of candidates in every election, and researching the financial records of political parties.
It is further contended that Election Commission is not.
Election Commission is not only responsible for conducting free and fair elections but it also renders a quasi-judicial function between the various political parties including the ruling government and other parties. In such circumstances the executive cannot be a sole participant in the appointment of members of Election Commission as it gives unfettered discretion to the ruling party to choose someone whose loyalty to it is ensured and thereby renders the selection process vulnerable to manipulation.
Democracy is a facet of the basic structure of the Constitution and in order to ensure free and fair elections and to maintain healthy democracy in our country, the Election Commission should be insulated from political and/or executive interference.
There is no doubt that in order to ensure the purity of the election process it was thought by our Constitution-makers that the responsibility to hold free and fair elections in the country should be entrusted to an independent body which would be insulated from political and/or executive interference.
However, the appointment of members of the Election Commission on the whims and fancies of the executive violates the very foundation on which it was created, thus, making the Commission a branch of the executive.
neutral and independent collegium/ selection committee for appointment of members of Election Commission on the lines of the recommendation of Law Commission in its 255th report of March 2015; Second Administrative Reform Commission in its fourth Report of January 2007; by the Dr. Dinesh Goswami Committee in its Report of May 1990; and by the Justice Tarkunde Committee in its Report of 1975.
The petition filed through Advocate Prashan Bhushan states that the present process of appointing members to the election commission, solely by the executive, is compatible with Article 324(2) of the Constitution.
It is submitted that the appointment of pick and choose of the executive violates the very foundation for which it was creates thus making the commission a branch of executive.
The petitioner placed the reliance on Rojer Mathew V South Indian Bank Ltd,(2020) 6 SCC 1 where by the Supreme Court declared the compensation of Search-cum-Selection Committee, which was dominated by the members from central government in Column 4 of the Schedule to the Tribunal, Appellate Tribunal and other Authorities.
The executive is a litgating party in most of the litigation and hence cannot be allowed to be a dominant participant in judicial appointments, the Top Court had said.
