Consensus in HPC not mandatory for CVC appointment -Governance Now

Consensus in HPC not mandatory for CVC appointment

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

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.

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