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Centre’s reply in Supreme Court: Don’t distrust Union Cabinet on the basis of imagination



Supreme Court

New Delhi: A constitution bench of the Supreme Court on Wednesday heard the demand to make the appointment of chief election commissioners and election commissioners more transparent. The petition had demanded that the task of selecting election commissioners should be entrusted to the Chief Justice of the Supreme Court, the Prime Minister and the Committee of the Leader of Opposition in the Lok Sabha.

During the hearing, the court said that the Chief Election Commissioner should be strong enough that if tomorrow the Prime Minister is also accused of any mistake, then he can fulfill his responsibility. To this, the government replied that the Union Cabinet should not be distrusted just on the basis of hypothetical situation. Even now, only qualified people are being selected.

The Supreme Court has said that the Constitution has given important powers on the shoulders of the Chief Election Commissioner and two Election Commissioners. Therefore, a fair and transparent process should be adopted at the time of their appointment, so that only the best person is appointed to this post. The court said that constitutional silence is being taken advantage of in this regard. Article 324(2) of the Constitution seeks to enact a law for the appointment of CEC and ECs.

This hearing has been filed by the Supreme Court on October 23, 2018 on the process of appointment of CEC and EC under the collegium system in the future. The petition alleged that the Centre unilaterally appoints members of the Election Commission. The petition was heard by a five-judge bench comprising Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar.

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