“Tearing hurry” in appointing Arun Goel?, questions SC

The Supreme Court questioned the government on Thursday over whether the appointment of Arun Goel as the Election Commissioner was finalised “hurriedly” and “in a tearing hurry.”

Arun Goel’s file was closed with “lightning speed” after the opening on May 15, according to the Supreme Court. On Thursday, the Center presented the SC bench with the original paperwork for the appointment. Attorney General R Venkataramani described the process and begged the bench to “hold its lips,” pleading with the Supreme Court to conduct a thorough investigation of the case. Read: EC picks cause a fight over judicial and executive authority.

“What kind of evaluation is this? We are not questioning the merits of EC Arun Goel’s credentials but the process of his appointment,” the Supreme Court said.

The appointment of Arun Goel case was being heard by the five-judge Constitution bench, presided over by Justice KM Joseph, for the third day in a row. In his appearance on behalf of the government on Wednesday, Solicitor General Tushar Mehta told the Supreme Court that it was erroneous to assume that the mere inclusion of a member of the legal profession in the selection committee for election commissioners and the Chief Election Commissioner would guarantee transparency and independence.

The top court looked into whether there was any “hanky-panky” involved in the appointment of Election Commissioner Arun Goel and requested the original files from the government. The bench stated on Wednesday that the Chief Justice of India’s participation in the selection of the Chief Election Commissioner will guarantee the independence of the election panel.

A number of petitions asking for the appointment of the Chief Election Commissioner and the Election Commissioner were being heard by the court.

Any party in power at the Center, according to the Supreme Court, “under the current system, “likes to perpetuate itself in power” and can appoint a “Yes Man” to the position. The Center argued that a 1991 Act guaranteed the Election Commission’s independence with regard to members’ pay and terms of office and that there is no “trigger point” that justifies judicial intervention.

Election Commissioner Arun Goel was chosen on November 19 and sworn in on November 21.