Forum Indian Executive v/s Judiciary - the ongoing slugfest
The bill introduced in Rajya Sabha envisages (a) removing CJI from the selection panel of CEC and CEs; (b) replacing CJI by a union cabinet minister; (c) downgrading their status from SC judge to Cabinet secy. In the nutshell, make the election commission, a political body. This retrograde step would rob the EC's selection process of its transparency while hitting its credibility and political neutrality. Strangely, the bill was referred to the Standing committee without discussion. Politicians are the elected representatives having vested interests in elections. Their participation in locating CEC&ECs, would involve "Conflict of interests" negating free and fair elections. This may not stand the scrutiny in the court of law. The political bias could be eliminated only when the Judiciary is associated with the selection. A panel headed by PM with LOP and CJI as members, could alone meet the ends of justice. The CEC and ECs , as at present, must continue to be selected from out of several candidates on the criteria of personal honesty, integrity, probity in public life and most importantly ,the political neutrality besides the ability to take firm stand before the political class. These essential attributes are rare commodities. The civil servants, more often than not, are found to be pliable, malleable, willing to be manipulated. What a pity? Some believe that the job of CEC/ECs would be best handled by IAS officers by virtue of their experience in conducting elections. This is a misplaced perception. Political neutrality is non negotiable. Citizens are not interested in selecting ‘Yesmen’. The moot point is: Why select CECs and ECs from out of retired bureaucrats, alone. The civil servants believe in taking instructions from the political class. In such circumstances, how could they ensure free and fair elections? Getting a CEC like the late T N Sheshan, is an impossibility. He refused to be browbeaten by political masters. Few suggestion for law-makers. In order to have a wider choice, it would be appropriate to expand the catchment area by including eminent persons, other than retired bureaucrats. Several non-IAS persons with legal and legislative backgrounds had, successfully handled the sensitive portfolios of CEC/ECs. Recall prominent CECs like Dr Nagendra Singh (former Judge, International court of Justice), R V S Perisastri, S L Shakdhar, Ms V S Ramadevi and so on. Let us think beyond this and learn from the wisdom of the hindsight. Why can't we consider retired Chief Justices of High courts for appointment as CEC/ECs along with others? Instead of downgrading the status of CEC and ECs, the constitutional body should have a judicious mix of a retired chief justice of a high court as CEC with an eminent civil servant and LOP as members. All enjoying the status of Supreme court judge.CEC should be the primus inter pares, as, at present. The search committee procedure under the Cabinet Secretary, is irrelevant. He is an appointee of PM. Let this be the thumb rule for all constitutional bodies including the C&AG and UPSC. These should also have chairpersons and Members, selected by the same methodology. These suggestions merit close consideration by the law makers. If implemented, these would demonstrate the fair-minded approach of the Prime Minister besides enhancing the feel-good factor of Indian citizenry.
A K Saxena (A former civil servant)