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6:54 pm - Saturday October 25, 2014

Constitutional posts

The BJP leader Mr LK Advani has suggested that there should be a collegian consisting Prime Minister, Law and Home Minister, Chief Justice of Supreme Court and leaders of the opposition in both the houses of Parliament to select Chief Election Commissioner and  controller and auditor general of India.

It is a welcome suggestion and there is harm in making the mutual consultations broad based. The Chief Election Commission has to deal with all the political parties and CAG audit reports so the public accounts committee of the Parliament for further scrutiny.
At present the Prime Minister, Home Minister hold consultations with the leader of the Opposition in the Lok Sabha on the appointments of Chief Information Commissioner under the RTI Act and the Chief Vigilance Commissioner. But the opinion of the leader of Opposition is not binding on the government.
In the appointment of Mr PV Thomas Chief Vigilance Commissioner Mrs Sushma Swaraj was against his posting on the ground of his certain actions as an IAS officer on the services of Kerala government.
But the government ignored her objections and appointed Mr Thomas as CVC.  There were many other objections against and matter went upto Supreme Court which held his posting bad in law and passed inclement to remove him. Ultimately Mr Thomas was removed by President. On this issue Manmohan Singh Government faced a very ackward position. The constitutional posts are filled by the appointment of senior civil servents particularly of the Indian Administrative Service.
So there is no question of political appointment like that of Governors and appointment of CEL, CVC can be decided in merit of the person. But there must be a provision to provile  upper hand  to goernment.
The collegian should  not take any decision but recommend a name or panel of names for the government to take final decision. The Government must have power to reject the name and ask the collegian to consider the issue of afresh.

Posted in: Editorial

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