SC refers to 5-judge bench plea seeking collegium like system for appointment of CEC, ECs

The Supreme Court on Tuesday referred to a five-judge Constitution Bench the PIL seeking collegium-like system for selection of the Chief Election Commissioner (CEC) and the ECs to ensure institutional integrity of the poll panel and fair elections in the country.

A bench headed by Chief Justice Ranjan Gogoi considered the submissions and counter arguments of lawyer Prashant Bhushan, appearing for the PIL petitioner and Attorney General K K Venugopal, respectively, before referring the plea for authoritative adjudication by a Constitution bench.

The bench, also comprising Justice S K Kaul, said the PIL, filed in 2015 by one Anoop Baranwal, required "close look" and "interpretation" of Article 324 (superintendence, direction and control of election to be vested in Election Commission) of the Constitution.

"The matter relates to what the petitioner perceives to be a requirement of having a full-proof and better system of appointment of members of the Election Commission.

"...we are of the view that the matter may require a close look and interpretation of the provisions of Article 324 of the Constitution," the bench said.

It said the issue has not been debated and answered by this court earlier and exercised the power under Article 145 (3) of the Constitution which says that substantial question of law and the question of interpretation of constitutional schemes may be referred to a larger bench.

"We, accordingly, refer the question arising in the present proceedings to a Constitution Bench for an authoritative pronouncement," it said.

At the outset, Bhushan said there was the need of having "transparent and independent" selection process to appoint the CEC and the ECs to ensure that democracy and institutional integrity of the poll panel can be safeguarded.

He also said the poll panel itself had said that there was the need to have a collegium system of selection process for the CEC and the ECs.

As per Article 324(2) of the Constitution, a law has to be made by Parliament on the issue of appointment of Election Commissioners, he said, adding that so far, no such legislation has been made.

Article 324(2) reads: "The Election Commission shall consist of the Chief Election Commissioner and such numbers of other Election Commissioners, if any, as the President may from time to time fix and appointment of the CEC and other ECs shall, subject to provisions of any law made in that behalf by Parliament, be made by the President."
Bhushan said: "Politicians talk about the independence of the poll panel when they are in opposition, but they do not support it when they come back to power."