Mobilenews24x7 Bureau
In a very upfront and unambiguous stance the Supreme Court has made it firmly clear that the Election Commision Of India cannot remain a tool of the political executives as has been the case raising so many questions of the Commission.
This from the apex court has surely come as a dampener for the ruling apparatus which allegedly has used the institution for its good.
The SC has the advice of a panel consisting of the Prime Minister of India, Chief Justice of India and Leader of Opposition — or in it’s absence, the leader of the single largest opposition party — in the Lok Sabha.
Calling it a landmark decision by the apex court is being hailed by several legal experts and political leaders as a win for the democracy including West Bengal CM Mamata Banerjee.Even SY Qureshi, former election commissioner of India tweeted an opinion in favour of the decision.
Which shows where the shoe pinches. In fact, it had remained a prolonged battle between the judiciary and the executive but always the latter have had the say.
Article 324 of the Constitution vests the Election Commission with “superintendence, direction and control of elections.” It further says:
“The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.”
The apex court sounded more stern when it observed that, so far the central government has had a free say in the appointment of top EC officials. Which increases the vulnerability of the Commission.
The apex court was of the firm view that the election commission must remain “aloof” from subjugation by the executive. This order emanated from the concern that that power often becomes the end goal for political parties and thus a party in power might seek a “servile commission” to ensure that it remains that way.
