'The Election Commission cannot be regulated by the government.'
Congress leader Jaya Thakur has approached the Supreme Court of India with a plea to restrain the government from appointing new election commissioners after Arun Goel quit the EC without giving any reasons.
Goel's exit has come on the eve of the 2024 general elections.
Thakur's plea sought the implementation of the Supreme Court of India's March 2023 order in the Anoop Baranwal vs Union of India case, where the top court ordered that election commissioners were to selected by a panel comprising the prime minister of India, Chief Justice of India and the leader of opposition.
However, the Modi government passed a bill in Parliament withdrawing the Chief Justice of India from the selection panel, substituting him with a Union minister.
What is your plea in the Supreme Court of India about the election commissioner's appointment?
The appointment of election commissioners is as per the procedure prescribed. For example, the way they appointed Arun Goel as one of the election commissioners. He was appointed as EC within one day while the prescribed norm is that an election commissioner has to be appointed in 15 days.
And look at the outcome, he backed out as election commissioner too.
There was no transparency and accountability in his appointment, therefore I filed the petition that the appointment of election commissioner must be transparent.
But…
(Interrupts) My petition further says that the appointment of election commissioners should be done by the Chief Justice of India, prime minister of India and the leader of opposition. The interference in the appointment of election commissioner (by the government) should be less and Election Commission should work independently without any pressure.
It is important for any democratic country that the Election Commission should be independent. The Election Commission cannot be regulated by the government.
In the monsoon session the government passed a bill withdrawing the Chief Justice of India from the selection panel for election commissioners. Our Constitution says the Parliament of India is supreme, so how does your plea count in court?
The government passed this bill in a hurry to remove the Chief Justice of India from the panel selecting new election commissioners. They replaced him with a cabinet minister so that this minister can work according to the whims and fancies of the prime minister.
If this happens then the Election Commission cannot work independently and therefore I filed the plea challenging this move.
In March 2023 the Supreme Court of India did give a judgment in the Anoop Baranwal vs Union of India case where they specified norms for appointing election commissioners and still the government got their bill passed. Do you recall that?
Yes, I know, therefore I have filed this plea.
And just check the track record, after they passed the bill in Parliament not a single appointment in (Election Commission) was right. The criteria of election commissioners are also not being fulfilled. They are given extensions too and then they go on and resign from their posts too. What is going on? This is causing disturbance in our country.
What did our Constitution's framers say about the appointment of election commissioners?
The Election Commission was always an independent body in Independent India. This was clearly mentioned and there was no scope for any interference from any political party in the functioning of the Election Commission.
It was clearly stated that the Election Commission cannot be biased towards any political party and will have its independent view. They had stated clearly, the prime minister of India, Chief Justice of India and leader of opposition will decide the appointment of election commissioners.
Do you mean this has been changed right now?
Yes, this has been changed right now as far as I know. The BJP has changed the functioning of the Election Commission.
Was this procedure same even during the Emergency period (1975-1977)?
I will have to look into those details. I am not privy to that information right now.
So when the Modi government changed the functioning of the Election Commission, didn't the Supreme Court of India speak out against the withdrawal of the Chief Justice of India from the selection panel?
The Supreme Court of India will not take action on its own. Someone has to approach the court. They will act only when some petitioner goes to court, and therefore I have gone to court.
