{"id":238133,"date":"2023-04-15T19:43:50","date_gmt":"2023-04-15T14:13:50","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=238133"},"modified":"2023-04-17T15:50:29","modified_gmt":"2023-04-17T10:20:29","slug":"a-reminder-about-unfettered-constitutional-posts","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/a-reminder-about-unfettered-constitutional-posts\/","title":{"rendered":"A reminder about unfettered constitutional posts"},"content":{"rendered":"\n

Source<\/strong>– The post is based on the article \u201cA reminder about unfettered constitutional posts\u201d <\/strong>published in \u201cThe Hindu\u201d <\/strong>on 15th April 2023<\/strong>.<\/p>\n

Syllabus: <\/strong>GS2- Appointment to various Constitutional Posts<\/p>\n

Relevance<\/strong>– Independence of institutions<\/p>\n

News<\/strong>– Two recent comments of the Supreme Court of India are important. In a hearing of the \u2018Sena versus Sena\u2019 case, the Court expressed its \u201cserious concern\u201d over the active role being played by Governors in State politics.<\/p>\n

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.<\/p>\n

Why is there a need for independent institutions?<\/strong><\/h2>\n

A democracy requires a system of checks and balances<\/strong>. It is necessary to prevent the arbitrary use of power<\/strong> by the elected government of the day.<\/p>\n

India\u2019s democracy provides for various constitutional authorities<\/strong> such as the Public Service Commission, the CAG, the ECI, the Finance Commission, and the National Commissions for Scheduled Castes, Scheduled Tribes, and Backward Classes.<\/p>\n

The Constituent Assembly of India had recognized the need for such independent institutions<\/strong> to regulate sectors of national importance <\/strong>without any executive interference.<\/p>\n

It is necessary that such constitutional bodies are provided with complete independence<\/strong> to enable them to function without fear or favor and in the larger interests of the nation.<\/strong><\/p>\n

What are the provisions in the constitution that provide for the appointment of persons heading the independent institutions?<\/strong><\/h2>\n

The Constitution uses simple words such as \u2018shall be appointed by the President<\/strong>\u2019 in the appointment of the Prime Minister (Article 75), the Attorney\u00ad General for India (Article 76), the Chairman and other members of the Finance Commission (Article280), the Chairman and other members of the Public Service Commission (Article 316).<\/p>\n

However, the words \u2018shall be appointed by the President by warrant under his hand and seal\u2019 <\/strong>are used while authorizing the President for appointment of the judges of Supreme Court and the High Court, the CAG and for appointment of the Governor<\/p>\n

Similar words<\/strong> have been used in Articles 338, 338A and 338B authorizing the President for appointing Chairman and members of the National Commissions for SCs, STs and<\/p>\n

BCs. However, as per the original Article, \u2018there shall be a Special Officer for the Scheduled Castes and Scheduled Tribes to be appointed by the President.<\/strong><\/p>\n

How do constituent assembly debates show that it assigns a special status to CAG, Governor and judges of higher courts in appointment related matters?<\/strong><\/p>\n

In the draft Constitution, the article for appointment of the CAG (Article 124) had provided that \u2018There shall be an Auditor General who shall be appointed by the President.<\/strong><\/p>\n

An amendment proposed in the Constituent Assembly To this Article for inserting the words \u2018by warrant under his hand and seal. <\/strong><\/p>\n

The Constituent Assembly discussed that the Auditor \u00adGeneral should be always independent of either the legislature or the executive<\/strong>. He is the watchdog of our finances. <\/strong><\/p>\n

The same amendment for the Article related to appointment of Governor in Article 131<\/strong> of the draft Constitution was moved.<\/p>\n

The Constituent Assembly discussed that the President should be free from the influence of the Legislature. <\/strong><\/p>\n

Both amendments were passed.<\/p>\n

What is the way forward for appointment of persons heading the independent institutions?<\/strong><\/h2>\n

The Constitution affixes the phrase \u201cby warrant under his hand and seal\u201d<\/strong> only for appointment to positions like Judges, the CAG and the Governors. It assigns a special status <\/strong>to distinguish them from other constitutional positions.<\/p>\n

Constitutional authorities such as the Judges of the Supreme Court and the High Court and the CAG of India is to be kept free from political or executive pressure.<\/strong><\/p>\n

Appointments of judges and the ECs have been made free from the influence of the executive. <\/strong>But there is a need to set up a well\u00ad defined criteria and procedures<\/strong> for the appointment of the CAG of India.<\/p>\n

The process of selecting a person to be appointed as the CAG of India should begin by appointing a committee<\/strong> consisting of the Speaker of the Lok Sabha, the Chief Justice of India, and the Chairman of the Public Accounts Committee to shortlist names for appointment of CAG of India.<\/p>\n

A panel of three names<\/strong> should be forwarded to the President for him to make the final selection <\/strong>as in Article 148 of the Constitution of India.<\/p>\n","protected":false},"excerpt":{"rendered":"

Source– The post is based on the article \u201cA reminder about unfettered constitutional posts\u201d published in \u201cThe Hindu\u201d on 15th April 2023. Syllabus: GS2- Appointment to various Constitutional Posts Relevance– Independence of institutions News– Two recent comments of the Supreme Court of India are important. In a hearing of the \u2018Sena versus Sena\u2019 case, the… Continue reading A reminder about unfettered constitutional posts<\/span><\/a><\/p>\n","protected":false},"author":10320,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[11422,212,10498],"class_list":["post-238133","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-appointment-to-constitutional-posts","tag-gs-paper-2","tag-the-hindu","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/238133","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10320"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=238133"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/238133\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=238133"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=238133"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=238133"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}