Independence Of ECI Not Hinged On Judicial Presence In Selection Panel, Says Government
The affidavit states that a political controversy is sought to be created through the pleas challenging the legislation.
The Union government submitted an affidavit before the Supreme Court on Wednesday, stating that the independence of the Election Commission of India does not arise from the presence of a judicial member in the selection panel.
The affidavit states that the presence of senior government functionaries in the appointment panel should not be a ground to assume bias and that such high constitutional functionaries ought to be presumed to act fairly and in good faith.
A political controversy is sought to be created by the petitioners only on the basis of bare, unsupported and pernicious statements about certain vague and unspecified motives behind the appointment, it said.
According to the affidavit, the appointment panel formed by the top court, which included the Chief Justice of India as one of three members, was only a 'stop gap arrangement', until the Parliament came up with a law.
A law made by a competent legislature cannot be challenged on the ground that it was made with an ulterior motive, it said.
The case is likely to be heard next on Thursday.
This affidavit comes in the backdrop of certain pleas filed before the top court that seek a stay on the legislation that removes the Chief Justice of India from the selection panel appointing Election Commissioners.
According to the legislation under challenge, election commissioners will be appointed by the President on the recommendation of a selection committee consisting of the Prime Minister, the Leader of the Opposition in Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.
Notably, this legislation is the focus of a top court judgment that directed the selection panel to comprise the Prime Minister, the Leader of the Opposition in Lok Sabha, and the Chief Justice of India.
