Consensus in HPC not mandatory for CVC appointment

The HPC comprises of the PM, HM and leader of opposition in the Lok Sabha

sarthak

Sarthak Ray | March 3, 2011



The Supreme Court today has held that no member of the high power committee (HPC) headed by the prime minister for the appointment of central vigilance commissioner (CVC) can have veto right and consensus among them is not mandatory.

A bench headed by the chief justice S H Kapadia, which quashed the appointment of P J Thomas as CVC, said that it would amount to conferring "veto right" on one of the members if consensus is made mandatory and "the working of the CVC Act would become unworkable".

The HPC comprises of the prime minister, the union home minister and leader of opposition in the Lok Sabha.

The court turned down the contention of the petitioner that appointment of Thomas is vitiated as his name was opposed by the leader of opposition Sushma Swaraj.

"We find no merit in these submissions. To accept the contentions advanced on behalf of the petitioners would mean conferment of a veto right on one of the members of the HPC. To confer such a power on one of the members would amount to judicial legislation," the bench also comprising justices K S Radhakrishnan and Swantatntra Kumar said.

"The CVC Act is enacted with the intention that such High Powered Committee will act in a bipartisan manner and shall perform its statutory duties keeping in view the larger national interest. Each of the members is presumed by the legislature to act in public interest. On the other hand, if veto power is given to one of the three Members, the working of the Act would become unworkable," the court said.

The petitioners, an NGO, Centre for Public Interest Litigation, and retired bureaucrats had submitted that that if unanimity is ruled out then the purpose of inducting the Leader of Opposition in the process of selection will stand defeated since the Prime Minister and the Home Minister will always be ad idem and views of LoP would become irrelevant.


 

Comments

 

Other News

Shri Abhijit Phukon (IES, 2004) appointed as Joint Secretary, Department of Agriculture & Farmers Welfare.

 Shri Abhijit Phukon (IES: 2004) has been appointed as Joint Secretary, Department of Agriculture & Farmers Welfare, Government of India. His appointment, approved by the

Shri Avanish Kumar Mishra (ISS, 2000) appointed as Joint Secretary, Department of Administrative Reforms & Public Grievances.

 Shri Avanish Kumar Mishra (ISS: 2000) has been appointed as Joint Secretary, Department of Administrative Reforms & Public Grievances (DARPG), Government of India. The appointment, approved by the Appointments

Millets are thriving. Are millet farmers?

The story of millets is nothing short of extraordinary. Once seen as the food of the poor and downtrodden, they are now seen as the food of the health conscious and the elite. Today, these nutri-cereals occupy prominent shelves in premium supermarkets, feature on the menus of gourmet restaurants, and are e

More judges will not fix courts without better court work practices

A vacant courtroom cannot decide a case. Neither can a poorly managed courtroom simply decide twice as many cases after receiving an additional judge. Judicial capacity and court productivity are related, but they are not the same. The distinction matters because India’s district and subord

Dharmendra Pradhan tenders resignation

Dharmendra Pradhan, education minister at the centre of the storm of the NEET paper leak, offered his resignation to the prime minister on Saturday.   He posted a two-page letter on X, saying he was pained by the events of the last ten days. "This is not a matter of personal

Cabinet approves scheme of chemical parks

The union cabinet chaired by the PM has approved Bharat Audyogik Vikas Yojana Rasayan or BHAVYA - Rasayan Scheme for establishing three dedicated Chemical Parks in the country. The Scheme was announced in the Union Budget of FY 2026–27.   The Scheme will have a total financ

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter