'2 hrs for 200 names? This could have been avoided': SC to govt over appointment of new election commissioners

New Delhi: The Supreme Court on Thursday questioned the central government over the fast-tracking of the appointment of two new election commissioners and not granting sufficient time to the leader of Opposition to express his views on the shortlisted candidates.

A division bench comprising justices Sanjiv Khanna and Dipankar Datta verbally observed that the government could have been more "transparent" and that it "could have gone a little more slowly". Observing that the "search committee should have been activated earlier", justice Khanna, speaking for the bench, said the members of the select committee should have been given more time to express their views.

Referring to the leader of the Opposition, who is a member of the select committee headed by the PM, the bench told solicitor general Tushar Mehta, "You have to be careful. These are constitutional appointments. Their (members of the select committee) views are important... They need a fair time to understand the background of candidates and accordingly express their views."


Justice Khanna orally remarked, "why allow some scope" for people to question the selection procedure and reiterated that this "could have been avoided". Also, he added, that "the matter was sub-judice" and that "it would have been fair to delay" the two appointments (made on March 14) "by a day or two".

Justice Khanna said the "search committee delayed the matter" in shortlisting the candidates.

Speaking for the bench, justice Datta asked what was the time given to the leader of Opposition to peruse the list of candidates. "May be two hours to consider 200 names," he queried, and said: "Justice must not only be done but seem to have been done."

Six names had been shortlisted from the list of 200 candidates.

The bench, however, refused to stay the appointment of the two new election commissioners made last week. Justice Khanna said it "cannot be said that the election commission is under the thumb of the executive".

He observed that from 1950 till 2023, the appointments to the commission had been made by the Executive. Referring to the new legislation passed by the Centre, the bench said the select committee now comprises the leader of the opposition. Staying the legislation and the appointment of the election commissioners, Justice Khanna said, would "lead to uncertainty if not chaos".