Day 16 – Q 3.That the Executive has a say in the appointment of constitutional posts like the Chief Election Commissioner and the Comptroller and Auditor General (CAG) is antithetical to the ideals of a true democracy. Critically comment.
3. That the Executive has a say in the appointment of constitutional posts like the Chief Election Commissioner and the Comptroller and Auditor General (CAG) is antithetical to the ideals of a true democracy. Critically comment.
मुख्य चुनाव आयुक्त और नियंत्रक और महालेखा परीक्षक (सीएजी) जैसी संवैधानिक पदों की नियुक्ति में कार्यकारी की भूमिका का होना एक सच्चे लोकतंत्र के आदर्शों के प्रति विरोधी है। समालोचनात्मक टिप्पणी करें।
Body:
A Constitutional body is formed under detailed instructions given in the Constitution. It is compulsory for the government to set up such a body and it cannot dispense off with it easily when it becomes uncomfortable. Such bodies or institutions are written into the Constitution of a nation and cannot be eliminated without amending that part of the Constitution which sometimes also requires consent of the states.
CEC, CAG and other constitutional posts are absolutely critical to enforce accountability into democracy. While CEC deals with control the process for elections conducted at various levels, Parliament, State Legislatures, and the offices of the President and Vice President of India. It can be said that the Election Commission of India ensures smooth and successful operation of the democratic elections and ensures for free and fair elections.
CAG is responsible to bring financial accountability into all institutions using public money. Executive having the greatest role to play in the governance of the country is naturally occupies the largest proportion of time devoted by these bodies. Hence it is highly imperative that such institutions of eminent importance are kept outside the purview of executive influence right from the appointment to the post retirement stage.
It is considered as that the Executive has a say in the appointment of constitutional posts like the CEC and the CAG is antithetical to the ideals of a true democracy. We can see some of the issues regarding this:
Controversies:
- It is unfortunate that the appointment of CAG is highly opaque and entirely internal to the government.
- Left to the discretion of Principal Secretary to PM, Cabinet Secretary, PM, with no clear criteria’s of candidates’ selection, hardly merits any applause for transparency.
- Similar doubts have been raised about the appointment of the CEC, at present the Prime Minister with the aid and advice of the council of ministers makes the appointment.
- Although, it is done as per the transaction of business rules, but the candidates haven’t been always held of highest institutional integrity.
- Recently, The Supreme Court warned the central government it must write a law on the appointment of election commissioners or face an intervention by the judiciary.
Some of the steps they can take starting from:
The process should have a broad-based committee which ensures that
- All relevant information must be taken into account.
- Impeccable integrity of candidate, need to be consider.
- Recording of all the viewpoints in selection process.
Conclusion:
Isolating executive with its exclusive powers in appointment would be a first step in restoring and upholding public faith in the integrity of these institutions. A broad based selection criteria and an appointment committee having representation from all stakeholders is solicited to step forward in the direction of open, transparent and democratic democracy. Given that, only the executive body has the power to amend the constitution. It should be the moral obligation of executive body to establish an open and transparent selection process for these posts.
Best Answer: Abhishek singh
