Advani makes right noises about CEC and CAG

It’s time to take their selections out of govt’s clutches

GN Bureau | June 4, 2012



Few would dispute veteran BJP leader LK Advani’s suggestion that the selection of the chief election commissioner (CEC) and comptroller and auditor general of India (CAG) should be broad-based to include others – the leaders of opposition and chief justice of India (CJI) – and not left to the government’s sole discretion.

At present the president of India appoints both the CEC and CAG solely on the advice of the government. Though the individuals occupying the constitutional offices, SY Quraishi and Vindo Rai, have conducted themselves admirably well and are known for their no-nonsense approach it is the possibility of their replacements with pliable individuals which seem to agitate Advani, and rightly so.

Quraishi is retiring in July and Rai in January. Both have played true to the role expected of them but in the process they have upset the government. Quraishi censured law minister Salman Khurshid and two other ministers for violating the model code of conduct in the recently concluded UP assembly elections. He also resisted an attempt to dilute the election commission’s powers vis-à-vis the model code of conduct. Rai has consistently exposed wrongdoings of the government through his reports on 2G, Antrix-Devas deal, coal block allocations and others, provoking no less than the prime minister to accuse him of entering into the policy domain of the executive.

Given the disaffection of the government towards the two key offices, it is natural that Advani is concerned about the selection of candidates who will replace them. In his letter to the prime minister, he tries to drive home this point by saying that appointment solely on the advice of the prime minister doesn’t evoke public confidence. He even refers to the appointment of Navin Chawla, Quraishi’s predecessor, to strengthen his argument. Chawla was known to be close to the Congress party and his tenure as CEC was mired in controversies. So much so that Chawla’s predecessor had even recommended his dismissal for his partisan role.

Advani’s alternative – selection through a collegium consisting of prime minister as the chairman and law minister, leaders of opposition in both houses of parliament and CJI as members – is a sound one.

The selection of central vigilance commissioner (CVC) involves the leader of opposition in Lok Sabha. This came about after the supreme court asked the government to involve the opposition in the famous Hawala case that changed the selection process of the CVC.

It is time to follow the same in CEC and CAG appointments too to ensure that both the offices continue to inspire public confidence because both are crucial for the success of our democratic system. The election commission lays the foundation by ensuring a free and fair election and CAG brings accountability to governance by scrutinizing government accounts.

 

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