The Evening Wrap: Supreme Court questions ‘lightning speed' appointment of EC Arun Goel

Dear reader, We have now made it easier for you to manage your The Hindu newsletter subscriptions in one place! Visit The Hindu newsletters page here Click MANAGE tab and then click LOGIN / SIGN UP If you don’t have an account with The Hindu, please click SIGN UP OR If you already have an account with The Hindu with this email ID, please login using the email ID The Supreme Court, after inspecting official files on November 24, said the appointment of Arun Goel as Election Commissioner was done with “lightning speed”, the procedure taking less than 24 hours from start to finish on November 18. A Constitution Bench led by Justice K.M. Joseph had asked Attorney General R. Venkataramani on November 23 to produce the files concerning Goel’s appointment after petitioners alleged that it was “hurriedly” done, in fact, the very next day after the court started examining the need to insulate the Election Commission of India (ECI) from political influence by setting up a “neutral and independent mechanism” for appointment of Election Commissioners. Advocate Prashant Bhushan, for the petitioner, said that Goel was a Secretary in the government on Friday. He took voluntary retirement that day and was appointed as Election Commissioner on Saturday and took charge on Monday. “It was done with such haste… with a tearing urgency… You did not require time to contemplate?” Justice Joseph asked the government side. Justice Ajay Rastogi, on the five-judge Bench, said the Election Commissioner’s post was vacant from May. “The vacancy was there from May to November 18… Now, what prevailed on the government that everything needed to be done within the shortest possible time… This superfast mechanism… We know that where there is a will there’s a way, but here the notification was brought out on the same day, the application was given the same day, it was accepted the same day and the appointment was made the same day… The file has not travelled even 24 hours! Lightning speed… What kind of evaluation was there?” Justice Rastogi asked. Venkataramani said that he could show a whole number of appointments made after 2015 which had taken a maximum of two to three days. “Are we finding fault with quick appointments?” Venkataramani asked. Justice Aniruddha Bose pointed out that Goel had taken voluntary retirement and was appointed Election Commissioner the very next day. “Does it happen like that?” Justice Bose asked. Venkataramani replied that it could have been a “coincidence”. Justice Joseph said Goel’s records show an excellent academic record, but asked whether brilliance and competency was enough of a guard against docility. The Attorney General said ‘docility’ was subjective and depended on the lens through which the court wanted to view a person. “It is not that we find some docile person lurking there and decide to appoint him,” Venkataramani shot back. Justice Joseph said Goel’s name was picked from a panel of four names prepared by the Law Minister. The court questioned the process by which the Law Minister had zeroed in on these four names from the entire database of the Department of Personnel and Training. The court pointed out that the law required both the Chief Election Commissioner (CEC) and the two Election Commissioners (ECs) to have separate six-year tenures. The court said the government has reduced the scope of candidates to just bureaucrats and moreover ensured that neither the CEC nor the ECs serve their full term. The government said Election Commissioners were “elevated” as CECs. “A CEC is a person to be appointed in his own right. You have made it into a promotion source. You are supposed to appoint a person directly as CEC. You have made ECs a feeder category. The Founding Fathers contemplated a CEC who will hold office for six years independently… not as a promotion,” Justice Joseph addressed the government. Venkataramani countered that by that logic a person who is appointed as EC would get six years in office and another six years as CEC. “Are you saying that you have to necessarily appoint an EC as CEC?” Justice Joseph asked. The top law officer said that was how the law stood today. “Where is that law? Show us… The law says CEC and ECs should separately have six years terms... And in case, he or she turns 65, will vacate office. But what are you doing, and doing for a long time… You are promoting ECs to CECs and ensuring that both don’t have a full term of six years, which is contrary to the law,” Justice Joseph said. The court said three of the four candidates on the panel from which Goel was picked were 62 years old and could not have completed a full term of six years. Venkataramani said the names were selected on the basis of the IAS batches and seniority. “Are you saying that only persons who are on the verge of retirement, who will definitely not get the term of six years are carefully picked and chosen? If so, you are violating the law,” Justice Joseph retorted. The Attorney General said “weighing the relative suitability of a large number of people” for the post of Election Commissioner was a “difficult experience”. “It will be if you have to do it in a day… You took just one day, November 18,” Justice Joseph responded, reserving the case for judgment. Ashok Gehlot calls Sachin Pilot ‘traitor’; name-calling serves no purpose, Pilot responds Rajasthan Chief Minister Ashok Gehlot called Sachin Pilot a “gaddar” (traitor) on Thursday and said he cannot replace him as he had revolted against the Congress in 2020 and tried to topple his own government. The remarks have further widened the fissures in the Congress party in Rajasthan, where Assembly polls are slated next year. The Bharat Jodo Yatra, led by Congress leader Rahul Gandhi, is also set to enter the desert State. “Unbecoming of someone with such experience to use such language. I’ve always refused to do so,” the former Rajasthan Deputy CM said, adding, “name-calling, mud-slinging serve no purpose. It’s time to unitedly fight BJP to defeat it, strengthen Rahul Gandhi’s hand.” Reacting to the news, the Congress said their differences would be resolved in a manner that strengthens the party and asserted that the focus right now should be on the success of the Bharat Jodo Yatra. “Ashok Gehlot is a senior and experienced political leader. Whatever differences he has expressed with his younger colleague Sachin Pilot will be resolved in a manner that strengthens the Congress party,” AICC general secretary communications Jairam Ramesh said in a statement. “Right now it is the duty of each and every Congressman and Congresswoman to make the already hugely successful Bharat Jodo Yatra even more impactful in north Indian states,” he also said. Days before the Kanyakumari-to-Kashmir yatra led by Rahul Gandhi enters Rajasthan, Gehlot launched a scathing attack on Pilot dubbing him a “gaddar” (traitor) and said he can never be made the Chief Minister of the State. The remarks also came at a time when campaigning for the Gujarat elections is at its peak and Gehlot is the senior party observer for the State polls. Gehlot also alleged that Union Home Minister and senior Bharatiya Janata Party (BJP) leader Amit Shah was involved in Pilot’s rebellion, when some Congress MLAs loyal to him were holed up in a Gurugram resort for more than a month and Union Minister Dharmendra Pradhan visited them often, claiming that he has proof that an amount of ₹10 crore was paid to each of those legislators, including Pilot. The veteran leader also said the Congress can replace him with any of its 102 MLAs in Rajasthan except Pilot if the top leadership feels that the prospects of the party would improve in next year’s Assembly polls. “The MLAs will never accept someone who has revolted and has been dubbed as a gaddar. How can he become the chief minister? How can the MLAs accept such a person as the chief minister? I have proof that ₹10 crore each were distributed to the MLAs holed up in a Gurugram resort for toppling the Congress government in Rajasthan,” Gehlot told NDTV. He said one will never find an example where a party president “tries to topple his own government”. Rajasthan BJP chief Satish Punia has, however, denied the charge that the saffron party was involved in paying money to Congress legislators in 2020 to defect. Gehlot said if Pilot had apologised to the MLAs and won them over, things would have been different. “Till now, he has not apologised. If he had apologised, I would not have had to apologise,” the Chief Minister said, referring to his apology to former Congress chief Sonia Gandhi after more than 90 MLAs close to him did not allow a Congress Legislature Party meeting to take place. Asked if Pilot can still replace him if the high-command decides so, Gehlot said it is a hypothetical question. “How will that happen? That cannot happen,” he said. He said a recent meeting of the party MLAs after they did not allow the CLP meet to take place was not a rebellion but a “revolt against Mr. Pilot who tried to topple his own government”. Gehlot has been saying that the 90 MLAs who had saved the government during Pilot’s rebellion are loyal to the party high-command and not to him. He said the legislators wanted Pilot to at least apologise to the party high-command and the people of Rajasthan. Gehlot expressed the hope that the Congress high-command will do justice with Rajasthan. Delhi’s Jama Masjid bans entry of ‘girls’, Shahi Imam says doesn’t apply to those offering prayers The administration of Delhi’s famed Jama Masjid has put up notices outside the main gates banning the entry of girls or women, whether alone or in groups. As the issue led to outrage in some quarters, the Shahi Imam stepped in to say the order is not applicable to those coming to offer prayers. The notices, which have no date, came up a few days ago outside the three main entry gates, sources in the administration said. However, it has come to attention only now. “Jama Masjid mein ladki ya ladkiyon ka akele daakhla mana hai [The entry of a girl/woman, or girls/women is not permitted in Jama Masjid]” reads the notice by the administration. According to Syed Ahmed Bukhari, the Shahi Imam, the decision was taken after some “incidents” were reported on the premises of the heritage structure. “Jama Masjid is a place of worship and people are welcome for that. But girls coming alone and waiting for their dates... this is not what this place is meant for. The restriction is on that,” the Shahi Imam told PTI. “Any such place, be it a mosque, temple or gurudwara is a place of worship [ibadat ki jagah hai] and there is no restriction on anyone coming for that purpose. Just today, a group of 20-25 girls visited and they were allowed to enter,” the Shahi Imam added. Delhi Commission for Women (DCW) chief Swati Maliwal termed it a violation of women’s rights and said she was issuing a notice. “It is completely wrong to ban the entry of women in Jama Masjid. The kind of rights a man has to praying, women also have the same rights. I am issuing a notice to imam of Jama Masjid. Nobody has the right to ban entry of women in this way,” she said on Twitter. The 17th century Mughal era monument attracts thousands of devout as well as tourists. BJP committed to bring Uniform Civil Code once democratic discussions are over: Home Minister Amit Shah The BJP is committed to bring the Uniform Civil Code (UCC) after all democratic debates and discussions are concluded, Union Home Minister Amit Shah said on November 24. When asked about the UCC, Shah said it is the BJP’s promise to the people of this country from the Jan Sangh days. “Not only the BJP, the Constituent Assembly had also advised the Parliament and States to bring UCC at an opportune time, because for any secular country, laws should not be on the basis of religion. If nation and State are secular, how can laws be based on religion? For every believer, there should be one law passed by Parliament or the State Assemblies,” Shah said, speaking at an event. “Over a period of time, this commitment of the Constituent Assembly was forgotten,” the Home Minister claimed. “Except the BJP, no other party is in favour of the Uniform Civil Code. In a democracy, healthy debate is a necessity. There is a need for open and healthy debate on the issue,” he said. The Home Ministry said in three BJP-ruled States, Himachal Pradesh, Uttarakhand and Gujarat, a panel under the chairmanship of retired Supreme Court and High Court chief justices has been formed where people of different faith are putting forth their views. “We will take action on the basis of recommendations coming after this exercise. The BJP is committed to bring UCC once all democratic discussions are over,” he said. In Brief: Malaysia’s king named reformist opposition leader Anwar Ibrahim as the country’s Prime Minister on Thursday, ending days of uncertainties after divisive general elections produced a hung Parliament. Sultan Abdullah Sultan Ahmad Shah said Anwar will be sworn in later on Thurday. Anwar’s Alliance of Hope led Saturday’s election with 82 seats, short of the 112 needed for a majority. Former Prime Minister Muhyiddin Yassin’s right-leaning National Alliance won 73 seats, with its ally Pan-Malaysian Islamic Party emerging as the biggest single party with 49 seats. Anwar emerged victorious after other smaller blocs agreed to support him for a unity government. Evening Wrap will return tomorrow. [logo] The Evening Wrap 24 NOVEMBER 2022 [The Hindu logo] Welcome to the Evening Wrap newsletter, your guide to the day’s biggest stories with concise analysis from The Hindu. [[Arrow]Open in browser]( [[Mail icon]More newsletters]( Supreme Court questions ‘lightning speed’, 24-hour procedure appointing Arun Goel as Election Commissioner Dear reader, We have now made it easier for you to manage your The Hindu newsletter subscriptions in one place! Visit The Hindu newsletters page here Click MANAGE tab and then click LOGIN / SIGN UP If you don’t have an account with The Hindu, please click SIGN UP OR If you already have an account with The Hindu with this email ID, please login using the email ID The Supreme Court, after inspecting official files on November 24, said the [appointment of Arun Goel as Election Commissioner was done with “lightning speed”]( the procedure taking less than 24 hours from start to finish on November 18. A Constitution Bench led by Justice K.M. Joseph had asked Attorney General R. Venkataramani on November 23 to produce the files concerning Goel’s appointment after petitioners alleged that it was “hurriedly” done, in fact, the very next day after the court started examining the need to insulate the Election Commission of India (ECI) from political influence by setting up a “neutral and independent mechanism” for appointment of Election Commissioners. Advocate Prashant Bhushan, for the petitioner, said that Goel was a Secretary in the government on Friday. He took voluntary retirement that day and was appointed as Election Commissioner on Saturday and took charge on Monday. “It was done with such haste… with a tearing urgency… You did not require time to contemplate?” Justice Joseph asked the government side. Justice Ajay Rastogi, on the five-judge Bench, said the Election Commissioner’s post was vacant from May. “The vacancy was there from May to November 18… Now, what prevailed on the government that everything needed to be done within the shortest possible time… This superfast mechanism… We know that where there is a will there’s a way, but here the notification was brought out on the same day, the application was given the same day, it was accepted the same day and the appointment was made the same day… The file has not travelled even 24 hours! Lightning speed… What kind of evaluation was there?” Justice Rastogi asked. Venkataramani said that he could show a whole number of appointments made after 2015 which had taken a maximum of two to three days. “Are we finding fault with quick appointments?” Venkataramani asked. Justice Aniruddha Bose pointed out that Goel had taken voluntary retirement and was appointed Election Commissioner the very next day. “Does it happen like that?” Justice Bose asked. Venkataramani replied that it could have been a “coincidence”. Justice Joseph said Goel’s records show an excellent academic record, but asked whether brilliance and competency was enough of a guard against docility. The Attorney General said ‘docility’ was subjective and depended on the lens through which the court wanted to view a person. “It is not that we find some docile person lurking there and decide to appoint him,” Venkataramani shot back. Justice Joseph said Goel’s name was picked from a panel of four names prepared by the Law Minister. The court questioned the process by which the Law Minister had zeroed in on these four names from the entire database of the Department of Personnel and Training. The court pointed out that the law required both the Chief Election Commissioner (CEC) and the two Election Commissioners (ECs) to have separate six-year tenures. The court said the government has reduced the scope of candidates to just bureaucrats and moreover ensured that neither the CEC nor the ECs serve their full term. The government said Election Commissioners were “elevated” as CECs. “A CEC is a person to be appointed in his own right. You have made it into a promotion source. You are supposed to appoint a person directly as CEC. You have made ECs a feeder category. The Founding Fathers contemplated a CEC who will hold office for six years independently… not as a promotion,” Justice Joseph addressed the government. Venkataramani countered that by that logic a person who is appointed as EC would get six years in office and another six years as CEC. “Are you saying that you have to necessarily appoint an EC as CEC?” Justice Joseph asked. The top law officer said that was how the law stood today. “Where is that law? Show us… The law says CEC and ECs should separately have six years terms... And in case, he or she turns 65, will vacate office. But what are you doing, and doing for a long time… You are promoting ECs to CECs and ensuring that both don’t have a full term of six years, which is contrary to the law,” Justice Joseph said. The court said three of the four candidates on the panel from which Goel was picked were 62 years old and could not have completed a full term of six years. Venkataramani said the names were selected on the basis of the IAS batches and seniority. “Are you saying that only persons who are on the verge of retirement, who will definitely not get the term of six years are carefully picked and chosen? If so, you are violating the law,” Justice Joseph retorted. The Attorney General said “weighing the relative suitability of a large number of people” for the post of Election Commissioner was a “difficult experience”. “It will be if you have to do it in a day… You took just one day, November 18,” Justice Joseph responded, reserving the case for judgment. Ashok Gehlot calls Sachin Pilot ‘traitor’; name-calling serves no purpose, Pilot responds Rajasthan Chief Minister [Ashok Gehlot called Sachin Pilot a “gaddar” (traitor)]( on Thursday and said he cannot replace him as he had revolted against the Congress in 2020 and tried to topple his own government. The remarks have further widened the fissures in the Congress party in Rajasthan, where Assembly polls are slated next year. The Bharat Jodo Yatra, led by Congress leader Rahul Gandhi, is also set to enter the desert State. “Unbecoming of someone with such experience to use such language. I’ve always refused to do so,” the former Rajasthan Deputy CM said, adding, “name-calling, mud-slinging serve no purpose. It’s time to unitedly fight BJP to defeat it, strengthen Rahul Gandhi’s hand.” Reacting to the news, the Congress said their differences would be resolved in a manner that strengthens the party and asserted that the focus right now should be on the success of the Bharat Jodo Yatra. “Ashok Gehlot is a senior and experienced political leader. Whatever differences he has expressed with his younger colleague Sachin Pilot will be resolved in a manner that strengthens the Congress party,” AICC general secretary communications Jairam Ramesh said in a statement. “Right now it is the duty of each and every Congressman and Congresswoman to make the already hugely successful Bharat Jodo Yatra even more impactful in north Indian states,” he also said. Days before the Kanyakumari-to-Kashmir yatra led by Rahul Gandhi enters Rajasthan, Gehlot launched a scathing attack on Pilot dubbing him a “gaddar” (traitor) and said he can never be made the Chief Minister of the State. The remarks also came at a time when campaigning for the Gujarat elections is at its peak and Gehlot is the senior party observer for the State polls. Gehlot also alleged that Union Home Minister and senior Bharatiya Janata Party (BJP) leader Amit Shah was involved in Pilot’s rebellion, when some Congress MLAs loyal to him were holed up in a Gurugram resort for more than a month and Union Minister Dharmendra Pradhan visited them often, claiming that he has proof that an amount of ₹10 crore was paid to each of those legislators, including Pilot. The veteran leader also said the Congress can replace him with any of its 102 MLAs in Rajasthan except Pilot if the top leadership feels that the prospects of the party would improve in next year’s Assembly polls. “The MLAs will never accept someone who has revolted and has been dubbed as a gaddar. How can he become the chief minister? How can the MLAs accept such a person as the chief minister? I have proof that ₹10 crore each were distributed to the MLAs holed up in a Gurugram resort for toppling the Congress government in Rajasthan,” Gehlot told NDTV. He said one will never find an example where a party president “tries to topple his own government”. Rajasthan BJP chief Satish Punia has, however, denied the charge that the saffron party was involved in paying money to Congress legislators in 2020 to defect. Gehlot said if Pilot had apologised to the MLAs and won them over, things would have been different. “Till now, he has not apologised. If he had apologised, I would not have had to apologise,” the Chief Minister said, referring to his apology to former Congress chief Sonia Gandhi after more than 90 MLAs close to him did not allow a Congress Legislature Party meeting to take place. Asked if Pilot can still replace him if the high-command decides so, Gehlot said it is a hypothetical question. “How will that happen? That cannot happen,” he said. He said a recent meeting of the party MLAs after they did not allow the CLP meet to take place was not a rebellion but a “revolt against Mr. Pilot who tried to topple his own government”. Gehlot has been saying that the 90 MLAs who had saved the government during Pilot’s rebellion are loyal to the party high-command and not to him. He said the legislators wanted Pilot to at least apologise to the party high-command and the people of Rajasthan. Gehlot expressed the hope that the Congress high-command will do justice with Rajasthan. Delhi’s Jama Masjid bans entry of ‘girls’, Shahi Imam says doesn’t apply to those offering prayers The administration of Delhi’s famed Jama Masjid has put up notices outside the main gates [banning the entry of girls or women, whether alone or in groups](. As the issue led to outrage in some quarters, the Shahi Imam stepped in to say the order is not applicable to those coming to offer prayers. The notices, which have no date, came up a few days ago outside the three main entry gates, sources in the administration said. However, it has come to attention only now. “Jama Masjid mein ladki ya ladkiyon ka akele daakhla mana hai [The entry of a girl/woman, or girls/women is not permitted in Jama Masjid]” reads the notice by the administration. According to Syed Ahmed Bukhari, the Shahi Imam, the decision was taken after some “incidents” were reported on the premises of the heritage structure. “Jama Masjid is a place of worship and people are welcome for that. But girls coming alone and waiting for their dates... this is not what this place is meant for. The restriction is on that,” the Shahi Imam told PTI. “Any such place, be it a mosque, temple or gurudwara is a place of worship [ibadat ki jagah hai] and there is no restriction on anyone coming for that purpose. Just today, a group of 20-25 girls visited and they were allowed to enter,” the Shahi Imam added. Delhi Commission for Women (DCW) chief Swati Maliwal termed it a violation of women’s rights and said she was issuing a notice. “It is completely wrong to ban the entry of women in Jama Masjid. The kind of rights a man has to praying, women also have the same rights. I am issuing a notice to imam of Jama Masjid. Nobody has the right to ban entry of women in this way,” she said on Twitter. The 17th century Mughal era monument attracts thousands of devout as well as tourists. BJP committed to bring Uniform Civil Code once democratic discussions are over: Home Minister Amit Shah The [BJP is committed to bring the Uniform Civil Code]( (UCC) after all democratic debates and discussions are concluded, Union Home Minister Amit Shah said on November 24. When asked about the UCC, Shah said it is the BJP’s promise to the people of this country from the Jan Sangh days. “Not only the BJP, the Constituent Assembly had also advised the Parliament and States to bring UCC at an opportune time, because for any secular country, laws should not be on the basis of religion. If nation and State are secular, how can laws be based on religion? For every believer, there should be one law passed by Parliament or the State Assemblies,” Shah said, speaking at an event. “Over a period of time, this commitment of the Constituent Assembly was forgotten,” the Home Minister claimed. “Except the BJP, no other party is in favour of the Uniform Civil Code. In a democracy, healthy debate is a necessity. There is a need for open and healthy debate on the issue,” he said. The Home Ministry said in three BJP-ruled States, Himachal Pradesh, Uttarakhand and Gujarat, a panel under the chairmanship of retired Supreme Court and High Court chief justices has been formed where people of different faith are putting forth their views. “We will take action on the basis of recommendations coming after this exercise. The BJP is committed to bring UCC once all democratic discussions are over,” he said. In Brief: Malaysia’s king named [reformist opposition leader Anwar Ibrahim as the country’s Prime Minister]( on Thursday, ending days of uncertainties after divisive general elections produced a hung Parliament. Sultan Abdullah Sultan Ahmad Shah said Anwar will be sworn in later on Thurday. Anwar’s Alliance of Hope led Saturday’s election with 82 seats, short of the 112 needed for a majority. Former Prime Minister Muhyiddin Yassin’s right-leaning National Alliance won 73 seats, with its ally Pan-Malaysian Islamic Party emerging as the biggest single party with 49 seats. Anwar emerged victorious after other smaller blocs agreed to support him for a unity government. Evening Wrap will return tomorrow. 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