On Friday, the Supreme Court made a rule that if any person is employed with the central or state governments, then they could not be appointed in the position of “election commissioners”. The new rule aims at assuring the independence of the election commissions.
Matter of Goa State Election Commission
The Supreme Court by pulling up the Goa government declared its decision of election commission. Rohinton Fali Nariman, B R Gavai, and Hrishikesh Roy, a Bench of Justices was hearing an appeal by the Government of Goa against an order of the Bombay High court. It had issued a stay on certain municipal election notifications issued by the Goa State EC. Regarding the municipal reservations, the order of the High Court was upheld by the apex court which in turn direct the State Government to notify the reservations within the next 10 days for the municipalities of Mapusa, Margao, Mormugao. Even the State Election Commission is directed to complete the action by April 30.
Additional Charge as EC- “A mockery of Constitution”
The appointment is termed by Nariman as a “disturbing feature”. He said, “The independence of election commission cannot be compromised in a democracy. Entrusting additional charge of State Election Commissioner to a government official in power is a mockery of the Constitution”. Vijai Sardesai, Goa’s Leader of Opposition said, “The highest court of the land has crushed Pramod Sawant’s blatant attempt to violate our Constitution and derail democracy”.
TPT Policy Advocacy & Recommendations
- The move by the Supreme Court is a welcome one! Election Commission must be independent and it should never be compromised in a democracy.
- The constitutional machinery must not be manipulated by any means and the provisions of the constitution must also not be overridden.