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

From one cow to a dairy business

In 2012, Anita Dash wasn`t dreaming of building a dairy brand. She wasn`t studying business models or planning market expansion. Like countless mothers across India, her focus was on something much simpler: giving her children a better future.   At the time, her most valuable

Ethanol blending: The two sides of a story

India`s crude oil consumption is estimated to be around 88.5% imported from abroad. This one single figure is also responsible for why ethanol has become both an economic strategy and fuel policy at the same time. In an economy like India, which depends so heavily on foreign oil, any increase in internat

Food inflation: Not a macroeconomic statistic but a developmental indicator

India`s retail inflation shows a reassuring picture at first glance. According to the latest data, Consumer Price Index (CPI) inflation edged up to 4.38% in June 2026 from 3.93% in May 2026, but continued to remain within the Reserve Bank of India`s (RBI) target band of 4% (+/- 2%). However, beneath this

Skin in the game or masterful market timing?

When a company founder opens their personal chequebook to buy shares in their own business, stock markets usually applaud. To the average retail investor, it feels like the ultimate vote of confidence, a sign that the people running the show have real skin in the game and believe brighter days are ahead.

India’s freedom struggle was shaped by wider Asian political thought

As we mark 80th anniversary of independence, ‘Asianism and the Fall of Empire’ (HarperCollins India) by historian Mithi Mukherjee offers a new perspective on Ind

What is colonialism? A relook at modern history

The Chromatic World Order: The Fiction That Rules Our World  By Sajid Mohamed Aakar Books  

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter