Tandon suggests panel to appoint CEC, ECs

In a letter to President APJ Abdul Kalam, Chief Election Commissioner BB Tandon has suggested forming a seven-member Commission for the appointment of the CEC and the Election Commissioners.

In a letter to President APJ Abdul Kalam, Chief Election Commissioner BB Tandon has suggested forming a seven-member Commission for the appointment of the CEC and the Election Commissioners.

In a letter dated April 3, Tandon suggests that ‘‘it may be appropriate to consider a procedure through which the President has the benefit of the recommendations of a broad-based Committee… representing the Government, Opposition, Legislature and the Judiciary for making these appointments.’’

It should be chaired by the PM and have the LS Speaker, Law and Justice Minister, Leaders of the Opposition of both Houses, Deputy Chairman of RS and a SC judge nominated by the CJI, as members, Tandon suggested. He said the appointments can be based on the recommendation of the Committee. Tandon is due to retire in June.

The letter comes in the wake of EC Navin Chawla’s ‘‘ability to discharge his duties impartially’’, being challenged by a principal opposition party (BJP) in a petition to the President.

Tandon also quotes the debate that had taken place in the Constituent Assembly on this aspect. He cited Pandit HN Kunzru and Prof Shibban Lal Saxena’s speeches to underline the need for a machinery ‘‘quite independent, free of any influence from any agency, executive or anybody…’’

Tandon quotes Kunzru to make a rather direct point: ‘‘…if the PM suggests the appointment of a party-man, the President will have no option but to accept the nominee, however unsuitable he may be.’’ In the present system, the CEC and the ECs are appointed by the President on the advice of the PM.

However, Article 324 of the Constitution provides that the appointment of the CEC and the ECs can be ‘‘subject to provisions of any law made… by Parliament’’.

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This ensures that Parliament can amend the law enabling the President to set up a Committee for these appointments leaving no room for ‘‘the exercise of political influence on the appointments’’ as Kunzru had argued.