Author: Sanjay K Singh
Publication: The Economic Times
Date: April 14, 2007
URL: http://economictimes.indiatimes.com/News/PoliticsNation/SC_finds_fault_with_the_govt_again/articleshow/1907500.cms
In a development which does not augur well
for the UPA government at the Centre, Prime Minister Manmohan Singh's decision
to refer a BJP-sponsored memorandum challenging Navin Chawla's appointment
to the Election Commission to the Union Cabinet, rather than the Chief Election
Commissioner, came under the Supreme Court's scrutiny on Friday.
A division bench comprising Justices Ashok
Bhan and VS Sirpurkar, during the course of hearing on the petition filed
by former Union minister Jaswant Singh and Samajwadi Party MP Chandra Bhushan
Singh, wondered: "How could, in such matters, the Presidential reference
be referred to the Cabinet for its opinion".
"Instead of the Cabinet's opinion, the
opinion of the Chief Election Commissioner should have been obtained,"
observed the Court, lending credence to the BJP's charge that the Manmohan
Singh government had erred in directing the Presidential reference to the
Union Cabinet, rather than the CEC.
On its part, the Cabinet, it may be mentioned,
had referred the issue to attorney general Milon K Banerjee for his views.
The latter subsequently, cleared Mr Chawla's appointment, arguing that there
was nothing 'irregular' in the government's decision.
Additional Solicitor General Gopal Subramanium,
appearing on behalf of the Centre, however, justified the move to refer the
Presidential reference to the Cabinet. "The Cabinet is fully competent
to give its advice to the President in the appointment of the Election Commissioner,''
argued Mr Subramanium.
At this, the Court expressed its disapproval.
Mr Subramanium responded by asserting that the issue involved here had to
be decided by a Constitution bench. He relied on the apex Court's ruling in
the T N Seshan case to buttress his contention.
The Court retorted by observing that it may
consider the possibility of referring the case to a Constitution bench at
an appropriate stage later. "But that stage has not reached. First, we
have to hear the plea of both parties. Then we'll decide the possibility of
referring the case to a Constitution bench,'' said Justice Bhan, speaking
on behalf of the Bench.
Senior counsel Soli Sorabjee, appearing for
petitioner Jaswant Singh, said that the memorandum submitted to the President
by 205 MPs should have been sent to the CEC for his comments. "Such reference
should have been automatic,'' argued Mr Sorabjee.
The President sent the NDA memorandum to the
Prime Minister for his comments. The Centre contended that the President has
to act on the advice of the Cabinet and could not send it to the CEC without
the Cabinet's clearance. The former attorney general also said that the matter
should he heard in an expeditious manner as an important question of de-recognition
of a national party was pending before the Chief Election Commissioner.
