Editor's Pick: SC questions the "lightning speed" appointment of Election Commissioner

Dear reader, We have now made it easier for you to manage your The Hindu newsletter subscriptions in one place! 1. Visit The Hindu newsletters page here 2. Click MANAGE tab and then click LOGIN / SIGN UP 3. 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 On Thursday, the Supreme Court questioned the appointment of Arun Goel as Election Commissioner at “lightning speed”. The previous day, a Constitution Bench had asked the Attorney-General to produce files relating to Mr. Goel’s appointment after petitioners alleged that it was “hurriedly” done. Advocate Prashant Bhushan, for a petitioner, said Mr. Goel, who retired voluntarily as secretary in the government on Friday, was appointed as Election Commissioner on Saturday and took charge on Monday. The court examined the files and wondered why the government appointed Mr. Goel in such a short period of time when the post had been lying vacant since May. It also questioned the process by which the Law Minister had selected a panel of four names from the database of the Department of Personnel and Training. It was from this panel that Mr. Goel’s name was finally picked. The ongoing hearing before the Constitution Bench is focused on the need to have an independent mechanism for the appointment of Election Commissioners, outside the government. The arguments have centered around whether Commissioners should be appointed on the recommendation of an independent body and what the composition of such a body should be. While the court has suggested including the Chief Justice of India on such a committee to ensure “neutrality” in the functioning of the institution, the government has shown strong disinclination for this, as it is possibly concerned about the risk to the separation of powers. The question of selection of Election Commissioners is relevant as the constitutional body, which has received widespread praise for organising and conducting elections efficiently over decades, is also increasingly perceived to be partial to the ruling party and selective or slow in the implementation of the Model Code of Conduct. During the hearing, the Court also called out the Centre for the short tenures of Election Commissioners. The Hindu editorial argued that it is the “appointment process of ECs that requires scrutiny as it here that there is scope for personal whimsy to play a role.” Chief Justices, too, have brief tenures, but that doesn’t affect their independence, it said. The editorial argued that the security of tenure that the Chief Election Commissioner enjoys could be extended to the Election Commissioners too. As the question of the Election Commission’s independence, which is one of the factors that is central to the functioning of a democracy, is the focus of this hearing, this is the top pick of the day. The Hindu’s Editorials Disquiet in the Northeast: On Assam-Meghalaya boundary dispute Opening stance: On the Australian parliament ratification of trade pact with India The Hindu’s Daily News Quiz The members of the Kuki-Chin community from Bangladesh predominantly identify as belonging to which religion? Hinduism Christianity Islam Buddhism To know the answer and to play the full quiz, click here. [logo] Editor's Pick 25 NOVEMBER 2022 [The Hindu logo] In the Editor's Pick newsletter, The Hindu explains why a story was important enough to be carried on the front page of today's edition of our newspaper. [Arrow]( [Open in browser]( [Mail icon]( [More newsletters]( SC questions the “lightning speed” appointment of Election Commissioner Dear reader, We have now made it easier for you to manage your The Hindu newsletter subscriptions in one place! 1. Visit The Hindu newsletters page [here]( 2. Click MANAGE tab and then click LOGIN / SIGN UP 3. 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 On Thursday, the [Supreme Court questioned the appointment of Arun Goel]( as Election Commissioner at “lightning speed”. The previous day, a Constitution Bench had asked the Attorney-General to produce files relating to Mr. Goel’s appointment after petitioners alleged that it was “hurriedly” done. Advocate Prashant Bhushan, for a petitioner, said Mr. Goel, who retired voluntarily as secretary in the government on Friday, was appointed as Election Commissioner on Saturday and took charge on Monday. The court examined the files and wondered why the government appointed Mr. Goel in such a short period of time when the post had been lying vacant since May. It also questioned the process by which the Law Minister had selected a panel of four names from the database of the Department of Personnel and Training. It was from this panel that Mr. Goel’s name was finally picked. The ongoing hearing before the Constitution Bench is focused on the need to have an [independent mechanism for the appointment of Election Commissioners]( outside the government. The arguments have centered around whether Commissioners should be appointed on the recommendation of an independent body and what the composition of such a body should be. While the court has suggested including the Chief Justice of India on such a committee to ensure “neutrality” in the functioning of the institution, the government has shown strong disinclination for this, as it is possibly concerned about the risk to the separation of powers. The question of selection of Election Commissioners is relevant as the constitutional body, which has received widespread praise for organising and conducting elections efficiently over decades, is also increasingly perceived to be partial to the ruling party and selective or slow in the implementation of the Model Code of Conduct. During the hearing, the Court also[called out the Centre for the short tenures of Election Commissioners]( The Hindu [editorial]( that it is the “appointment process of ECs that requires scrutiny as it here that there is scope for personal whimsy to play a role.” Chief Justices, too, have brief tenures, but that doesn’t affect their independence, it said. The editorial argued that the security of tenure that the Chief Election Commissioner enjoys could be extended to the Election Commissioners too. As the question of the Election Commission’s independence, which is one of the factors that is central to the functioning of a democracy, is the focus of this hearing, this is the top pick of the day.  The Hindu’s Editorials [Arrow][Disquiet in the Northeast: On Assam-Meghalaya boundary dispute]( [Arrow][Opening stance: On the Australian parliament ratification of trade pact with India Â](  The Hindu’s Daily News Quiz The members of the Kuki-Chin community from Bangladesh predominantly identify as belonging to which religion? - Hinduism - Christianity - Islam - Buddhism To know the answer and to play the full quiz, [click here](. 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