If parliament does not make a law to appoint CEC then the court must step into the breach: SC says Centre

If parliament does not make a law to appoint CEC then the court must step into the breach: SC says Centre

C Times, 5th July 2017, Agartala

On Wednesday The Supreme Court asked the Centre to come up with a law for the appointment of members of the poll panel or it would step into the breach, setting up another possible showdown with the govt.

The court was hearing a public interest litigation by one Anoop Paranwal through lawyer Prashant Bhushan asking for a fair and transparent procedure for Election Commissioner (EC) appointments.

The Centre opposed court’s intervention, saying it was for Parliament to frame a law.

Calling for transparency in appointment of poll watchdogs, the court said, “If parliament does not make a law to appoint Chief Election Commissioner (CEC) then the court must step into the breach.”

The court’s tough talk came a day after the govt. named Achal Kumar Joti as the next CEC succeeding Nasim Zaidi.

A bench of Chief Justice JS Khehar and Justice DY Chandrachud said Article 324 of the Constitution provided that the appointments of the CEC and the Election Commissioners be made as per the enabling law, but the law had not been enacted.

The bench told solicitor general Ranjit Kumar who representing Centre that, “The expectation is that Parliament will make the law. The law has not been made then can the court lay down the procedures.”

 

 

 

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