GS Paper 2
Syllabus: Appointment to various Constitutional Posts, Powers, Functions and Responsibilities of various Constitutional Bodies
Source: TH
Context: Two recent comments of the SC will have a direct bearing on the concept of the independence of various constitutional authorities in India.
SC on the working of 2 key constitutional authorities:
- Role of Governors in State politics: In a hearing of the ‘Sena versus Sena’ case, the Court expressed that Governors becoming part of political processes is disconcerting.
- Independence of the Election Commission of India: The Court divested the executive of its sole discretion in appointing the CEC and ECs by forming a committee to suggest suitable names to man these constitutional posts.
Need for independent institutions:
- Democracy requires a system of checks and balances to prevent the arbitrary use of power by the elected government.
- India’s democracy provides for various constitutional authorities such as the Public Service Commission, the CAG, the ECI, the Finance Commission, etc.
- Such bodies need complete independence –
- To regulate sectors of national importance without any executive interference.
- To enable them to function without fear or favour and in the larger interests of the nation.
How does the Indian constitution ensure their independence?
- Empowering the President of India to appoint all constitutional authorities
- Provides for the appointment/condition of service of individuals heading these institutions
Loose ends left by the Constitution:
- Used simple words such as
- ‘shall be appointed by the President’ in the appointment of the PM (Article 75), the Attorney-General for India (Article 76), etc.
- Article 324 provides that the President will appoint the CEC and ECs ‘subject to any law made on that behalf by Parliament’.
- The President acts on the aid and advice of the Council of Ministers, with the PM as the head in all matters.
Some best practices in the Indian constitution: The Constitution affixes the phrase “by warrant under his hand and seal” only to refer to appointment to positions (SC, HCs Judges; the CAG and the Governors) – distinguishing them from other constitutional positions.
Further reforms needed:
- Set up well-defined criteria and procedures for the appointment of the CAG and the Governor.
- For example, the process of selecting CAG should begin by appointing a committee → shortlisting names → a panel of three names should be forwarded to the President to make the final selection.
Insta Links:
Mains Links:
“Recent amendments to the Right to Information Act will have a profound impact on the autonomy and independence of the Information Commission”. Discuss (UPSC 2020)
