Hearing petition seeking reforms in the appointment process of Chief Election Commissioner (CEC) , the Supreme Court said that the Constitution has given many powers on the “fragile shoulder” of CEC and it is the need to appoint “someone of strong character”.
The top court on Tuesday underlined that the “situation on the ground is alarming” and the post should be occupied with someone like late TN Seshan, who brought key electoral reforms during his regime between 1990 and 1996.
The five judge bench headed by Justice KM Joseph, Justice Ajay Rastogi, Justice CT Ravikumar, Justice Aniruddha Bose and Justice Hrishikesh Roy said the goal is to bring reforms in the system so that the “best man” is appointed as the Chief Election Commissioner.
“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 (CEC and two election commissioners). We have to find the best man for the post of CEC,” the top court said.
“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,” SC told the Attorney General R Venkataramani, who was performing on behalf of the Centre.
While, the government’s counsel said the government will not intend to oppose the appointment of the strong man but there is curiosity how it will happen. “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,” he added.
“Democracy is a basic structure of the Constitution. There is no debate to that. We also cannot tell Parliament to do something and we will not do that. We just want to do something to the issue that has been raised since 1990,” said the bench.
“The situation on the ground is alarming. We know that there will be opposition from the ruling party to not allow us to go past the present system,” it further said.
The development came after the opposition of Centre on several pleas which sought a collegium like system for the appointment of Chief Election Commissioner and Election Commissioners citing that this will lead to amendment in the Constitution.
