The Supreme Court’s recent remarks on the independence of constitutional authority in India are significant. To prevent the government from abusing its power, independent institutions and a system of checks and balances are required. The appointment of vital constitutional offices must be protected from the executive’s whims.
Independent Institutions are Required
- Executive involvement: The Indian Constituent Assembly recognised the necessity for autonomous institutions to regulate sectors of national importance without influence from the executive.
- Constitutional authorities: For this purpose, various constitutional authorities have been established, including the Public Service Commission, the Comptroller and Auditor General of India (CAG), the Election Commission of India (ECI), the Finance Commission, and the National Commissions for Scheduled Castes (SC), Scheduled Tribes (ST), and Backward Classes (BC).
- entire independence is required: Such constitutional entities must be given entire independence in order to act without fear or favour and in the best interests of the nation.
Process for Appointing Constitutional Authorities
- Appointments are essential for achieving independence: Individuals appointed to lead these institutions are important to guaranteeing their independence.
- Protected from the whims of the executive: While empowering the President of India to appoint all constitutional authorities, the Constitution-makers considered which institutions’ independence is critical to the country and how this independence could be protected from the whims of the executive.
Judge Appointment and Other Constitutional Positions
- The Constitution requires persons who may be considered for such appointments to meet specific criteria.
- Governors’ Role: The nomination of Supreme Court and High Court judges, the CAG of India, and Governors must be free of political or executive influence.
- Concerning example, in the drafted Constitution, the clause concerning the nomination of the CAG said that there shall be an Auditor General who shall be selected by the President. The Constituent Assembly also considered the Auditor-General’s independence from either the legislature or the executive.
- The process of selecting a person to be appointed as the CAG of India should begin with the appointment of a committee comprised of the Speaker of the Lok Sabha, the Chief Justice of India, and the Chairman of the Public Accounts Committee to shortlist names to be considered for appointment as the CAG of India; and a panel of three names should be forwarded to the President for him to make the final selection, as stated in Article 148 of the Indian Constitution.
Supreme court on appointment of CEC, EC’s and Governor
- Appointment of CECs and ECs: The Supreme Court has taken an important step towards ensuring the independence of the Election Commission of India by depriving the executive of sole discretion in appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs) by forming a committee to recommend suitable names for these constitutional posts.
- Governors are appointed: The Court voiced grave worry about Governors’ active participation in state politics, stating that Governors becoming involved in political processes is troubling. To ensure that the President is not influenced by the Legislature, the nomination procedure for Governors must be unconstrained and unfettered.
@the end
It is vital to guarantee constitutional authorities’ independence in order for them to work without fear or favour and in the broader interests of the nation. The appointment procedure for vital constitutional offices must be protected from the executive’s whims. The Supreme Court’s recent comments on the independence of constitutional bodies in India serve as a reminder of the importance of ensuring that the nomination process for such positions is free of political or executive interference.
Source: https://www.legalserviceindia.com/legal/article-1681-independence-of-the-judiciary-a-constitutional-response.html