GREASED LIGHTNING

During a hearing, the lightning speed with which the present EC was appointed came under the scanner. Is a collegium model of appointment, like that for information commissioners, the answer?

- Sanjay Raman Sinha

DURING a recent hearing, the Supreme Court took the government to task over the appointment of election commissioners. The Constitution bench headed by Justice KM Joseph was hearing petitions seeking a collegium-type body to appoint Election Commissioners (ECs) and the Chief Election Commissioner (CEC).

"Why the tearing hurry to appoint the Election Commissioner," the bench quizzed the government. It was referring to the "lightning speed" with which the file to appoint Arun Goel as EC was processed; within 24 hours, he was appointed. The Court added that it was not questioning the merit of Goel's appointment, but it wanted the government to explain the criteria used to select the CEC and ECs.

Justice Joseph highlighted many instances of CECs who served for a very short time since 2007, saying that even though the government is aware of the candidates' date of birth, it still chooses individuals who won't serve out the full six-year term. A CEC's tenure is set at six years by the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, but he is required to resign when he turns 65.

Government, Judiciary Standoff over Collegium System

The law minister's comments over the "opacity" of the collegium system has stoked fires once again with the judiciary

Union Law Minister Kiren Rijiju, while making a scathing comment about the functioning of the Supreme Court collegium, said judges spend half their time behind the closed door of collegiums deciding on judges' names to be appointed, while the work of dispensing justice remains pending.