New Delhi: The Supreme Court has carried an important hearing today i.e. on Wednesday on the petition challenging the appointment process of the Chief Election Commissioner. At the same time, the Supreme Court took a tough stance toward the Central Government. In fact, during the hearing, Justice Joseph said that any government appoints a yes man and thinks like him. You assure him of security, and everything is fine to see but what about the quality which is lacking, whether he has freedom of action or not? There is some freedom attached to the position. This is the quality that is needed. In fact, the Central Government has opposed the petition demanding the setting up of a collegium-like system for the appointment of the Chief Election Commissioner.
At the same time, the Attorney General said, 'Yes, of course, it is a necessity. But it is a thought process. After 1991, I do not find any trigger point that the procedure has not been followed in the appointment of the Election Commissioner.' With this, Justice Joseph said that look at the appointment of Sunil Arora in 2017. In response, the AG said that the person who has been appointed as the Election Commissioner can be designated as the Chief Election Commissioner on the basis of seniority. At the same time, Solicitor General Tushar Mehta told the constitution bench that 'the question is who can change the system'.
And the answer is that the President makes the appointment, which is based on the recommendation of the Election Commissioner. This is done through a legal process. On the other hand, the Supreme Court said that the character of a person is covered by various standards. Freedom is one of these standards. In such a situation, the Supreme Court asked the government how an Election Commissioner had resigned. However, the court did not name anyone during this period. On his part, it was said that the main point is that the system of appointment process requires a larger body than just deciding the name through the Union Cabinet.
The Supreme Court said during this time that we are asking to show us the mechanism that you apply in the appointment. You just appointed someone as election commissioner 2 days back. This should be remembered. Show us. We told you yesterday. At the same time, on the comment of the Supreme Court, the AG said, 'So is the court saying that the Council of Ministers is not trusted.' In such a situation, Justice Rastogi said 'no, we are asking for our satisfaction that show us the mechanism you adopted in the appointment two days back.'
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