EC may be honest, but can have definite political leaning: SC

1 of 2

Poll panel has come in for compliments, largely due to T.N. Seshan’s reforms, says judge examining pleas on independence of the body

KRISHNADAS RAJAGOPAL

 

NEW DELHI

An Election Commissioner can be proficient, competent, completely honest and armed with an outstanding record of service, but he may have a definite political leaning which may end up displaying itself in office, a Constitution Bench of the Supreme Court said on Thursday.

Justice K.M. Joseph, leading a five-judge Bench, referred to how the 10th Chief Election Commissioner T.N. Seshan had managed to clean up the electoral system.

Justice Joseph said that Mr. Seshan merely had put in place a set of rules which reduced human discretion to the minimum. In such a scenario, Election Commissioners hardly need to fear pressure from any political party or government. Further, the Election Commission, as an institution, would maintain functional independence and institutional integrity, whatever the political leaning or competence of individual Commissioners may be.

“The Election Commission of India is the envy of the world. Perhaps one institution which has come in for a lot of compliments, largely due to the reforms of T.N. Seshan. He had succeeded in putting in place a lot of rules to reduce human discretion to the minimum. By doing this, he eliminated fear. That is, the Election Commissioners just had to follow the rules and did not have to bother about coming under pressure from any political party,” Justice Joseph observed orally.

The Bench is examining a series of petitions seeking functional independence for Election Commissioners. They have sought an “independent, neutral mechanism” for their appointment, outside the control of the government.

Advocate Prashant Bhushan, for petitioner Anoop Baranwal, said a neutral, high-level body, excluding the Prime Minister and Opposition Leader, should select the Election Commissioners. “Such a body could even be a collegium of Supreme Court judges,” Mr. Bhushan said.

https://epaper.thehindu.com/reader