Apex Court reminds the Centre that the Constitution expects Parliament to make laws in this regard but this hasn’t been done.
The Supreme Court on Wednesday, said to the Centre that while the country’s Election Commissioners appointed so far “have been outstanding men of impeccable integrity”, there is nevertheless a need for the Parliament to make laws to ensure fair and transparent appointments.
The Court further asked as to why it shouldn’t step in itself and institute the appointment norms for election commissioners “so as to maintain their independence”.
The Centre answered with a question of its own, saying “If the Parliament feels there is no need to enact a law, can the SC step into the legislative arena and set norms which would be akin to enacting a law?”
The Supreme Court stated it would decide on the issue after a detailed hearing only. It has scheduled the case for a hearing after a period of two months, to be conducted by a Bench headed by Justice Dipak Misra, who will be the current Chief Justice of India (CJI) J S Khehar’s successor as CJI Khehar retires in August.
Presently, the Prime Minister along with his Council of Ministers decide who will be the Election Commissioner. On their advise, President then appoints the Commissioner.
Source - PTI