SC questions Centre on EC appointment. Key points  

The Supreme Court on Thursday asked the Union government whether the file of appointing Arun Goel as the Election Commissioner was cleared in ‘haste’ and ‘in a tearing hurry’. The vacancy in the Election Commission of India (ECI) arose on May 15, while Goel’s appointment file was cleared last week with “lightning speed” within a day, the SC observed.

Context

The appointment of Goel came under the scrutiny of top court with the latter asking the Union government to submit his filed on Wednesday. The top court said that it wanted to know if there was any “hanky panky” in the appointment. The five-judge constitution bench also questioned the broader appointment procedure of the ECI. Notably, Goel—who assumed charge on Monday—took voluntary retirement just days before on Friday.

‘Why haste, tearing hurry?’

The five-judge Constitution bench — continuing with some stinging remarks on the process for the third consecutive day —went straight into the files on Arun Goel that it had sought yesterday, reported NDTV. It pointed out: “Minister of Law picks up four names from the list of names shortlisted… The file was put up on November 18; moves the same day. Even PM recommends the name on the same day. We don’t want any confrontation, but was this done in any haste? What’s the tearing hurry?” It added, “This vacancy [became] available on May 15. Show us from May to November, what prevailed upon the government to do things superfast?” It noted that the process “started and completed on the same day”. “Not even in 24 hours, the process was completed and notified. What kind of evaluation [was done] here… Although, we are not questioning the merits of Arun Goel’s credentials but the process.” The apex court asked about how four names were shortlisted from the officer database of the Department of Personnel. It remarked: “We are being blunt. If all these four names are carefully chosen, as yes men — we are concerned with the process of selection.”

‘Hold your mouth’: Attorney General to SC

The Union government placed the original file of appointment of Arun Goel before the SC constitution bench. The Attorney General, R Venkataramani, appearing for the Centre, requested the apex court to look into the matter in entirety. “What kind of evaluation is this? We are not questioning the merits of EC Arun Goel’s credentials but the process of his appointment,” the court said. However, Attorney General suggested the court “hold its mouth,” adding, “I request to look into the issue in entirety.”

‘Nothing New’, Opposition reacts

The Congress took a swipe at the Centre, alleging that all appointments made by Prime Minister Narendra Modi and decisions taken by him were done by “tearing” convention and the Constitution without consultation. “Supreme Court has observed that appointment of new Election Commissioner was done in a ‘tearing hurry’. Nothing new. Almost all appointments and decisions of Mr. Modi has involved tearing of Convention and Constitution with no Consultation (sic),” All India Congress Committee (AICC) in-charge of media and publicity Pawan Khera wrote on Twitter. Nationalist Congress Party chief Sharad Pawar said: “The Supreme Court has clearly indicated that it is the misuse of government’s authority (in the appointment of Arun Goel as new election commissioner). The person was supposed to retire on a particular day and on the same day giving him extension or clearing his appointment has never happened in the past. It is against the normal system of appointment on a position.”

Why the furor?

Noted activist-lawyer Prashant Bhushan recently mentioned Goel’s appointment at the bench’s hearing on the issue of the appointments to the country’s top poll body. Goel’s appointment came only days before the Gujarat Assembly polls, which might witness increased friction between the opposition parties and the ruling BJP. The ECI will now have full strength when it decides the election schedules for upcoming elections. Goel was Heavy Industries Secretary. He served the central and Punjab governments in various capacities for 37 years. He was to retire on December 31, 2022, after turning 60 years. However, he took voluntary retirement on Friday. Interestingly, the very next day, he was named as an EC on the poll panel on Saturday and he assumed charge on Monday.

CJI’s inclusion in ECI appointment panel

On the ECI’s appointment procedure on Wednesday, the top court suggested inclusion of Chief Justice of India in the consultative processes for appointing the CEC and ECs, presumably to ensure the independent functioning of the poll body. But Solicitor General Tushar Mehta argued it wasn’t right to presume the presence of someone from the judiciary on the appointment panel would guarantee independence and transparency.