"Executive Controlling Everything": Top Court On Poll Body Chief Selection

What about democracy? The Supreme Court asked Thursday, pointing out that the Chief Justice of India is part of the selection committee that picks the CBI director but is not on the panel when the top poll officer is to be picked.

The top court was hearing a matter related to the appointment process of the Chief Election Commissioner and Election Commissioners.

"I was wondering. For a CBI director, CJI is there. We can say for maintenance of law and order. Or you can stretch it to rule of law also. But not for maintaining democracy? Not for ensuring pure elections?" Justice Dipankar Datta observed during the hearing.

"We don't say CJI should be there. But why shouldn't there be an independent member? Why should it be from the ministry? Let us be very clear. Today Prime Minister picks one. And Leader of the Opposition (LoP) picks another one. There is disagreement. The third member will go towards the LoP?" the judge asked.

Responding to the question, Attorney General R Venkataramani said he did not want to take a guess.

"May not be in all practicality. I don't want to second guess that," the Attorney General said.

"Then it is the executive who is controlling everything," Justice Datta shot back.

The bench observed that decision in such appointments would effectively be passed by a 2:1 majority, with the cabinet minister unlikely to differ from the Prime Minister's stand.

"What troubles us prima facie is why is there an executive veto? After all these precedents was the parliament not aware of these cases? Parliament has the power to frame the laws. But the Supreme Court is the final arbiter. It will have the power to interpret the laws whether you like it or not," Justice Datta said.