The Supreme Court today asked the Centre as to why no enabling law as mandated under the Constitution has been made for the appointment of the chief election commissioner and election commissioners in the poll panel. The court, however, acknowledged that till now good persons have been appointed in the poll panel. A bench comprising Chief Justice J S Khehar and Justice D Y Chandrachud said that Article 324 of the Constitution provides that the appointments of the CEC and the ECs be made as per the enabling law, but the law has not been enacted so far. “The expectation is that Parliament will make the law. The law has not been made then can the court lay down the procedures,” the bench asked Solicitor General Ranjit Kumar, representing the Centre.
The bench was hearing a PIL filed by one Anoop Paranwal through lawyer Prashant Bhushan seeking various reliefs including that there should be a fair and transparent procedure for appointment of CEC and ECs.
The PIL has referred to the independent procedure of appointment of judges in the higher judiciary and said that similar kind of procedures may be laid down with regard to the appointments of CEC and ECs in the poll panel.