Essential attribute of the independence of India’s constitutional bodies

(MainsGS2: Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.)

Context:

• Recently the Supreme Court of India expressed its “serious concern” over the active role being played by Governors in State politics and an important step in ensuring independence of the Election Commission of India, will have direct bearing on the concept of the independence of various constitutional authorities in India.

 System of checks and balances:

• A democracy requires a system of checks and balances to prevent the arbitrary use of power by the elected government of the day. 
• India’s democracy provides for various constitutional authorities such as the Public Service Commission, the Comptroller and Auditor General of India (CAG), the ECI, the Finance Commission and the National Commissions for Scheduled Castes (SC), Scheduled Tribes (ST) and Backward Classes (BC), etc. 
• The Constituent Assembly of India had recognised the need for such independent institutions to regulate sectors of national importance without any executive interference. 
• It is necessary that such constitutional bodies are provided with complete independence to enable them to function without fear or favour and in the larger interests of the nation. 
• It is towards this concept of clothing them with independence that the Constitution provides for the manner in which individuals heading these institutions are to be appointed.

Withstand pressure:

• An essential attribute of independence is about not being influenced by any vested interest and the ability to withstand pressure from the executive. 
• While empowering the President of India to appoint all constitutional authorities, the Constitution-makers had kept in mind those institutions whose independence is of paramount importance to the country and the manner in which the independence of these authorities could be safeguarded from the whims of the executive. 
• The Constitution-makers have used simple words such as ‘shall be appointed by the President’ in the appointment of the Prime Minister (Article 75), the Attorney-General for India (Article 76), the Chairman and other members of the Finance Commission (Article 280), the Chairman and other members of the Public Service Commission (Article 316) and a Special Officer for Linguistic Minorities (Article 350B). 
• Article 324 provides that the President will appoint the CEC and ECs ‘subject to any law made in that behalf by Parliament’.

Way forward:

• Constitutional authorities such as the Judges of the Supreme Court and the High Court and the CAG of India are to be kept free from political or executive pressure. 
• Whereas appointment of judges and the ECs have been made free from the influence of the executive, the need to set up a well-defined criteria and procedure for the appointment of the CAG of India remains keeping in view the intention of the framers of the Constitution, as evident from the Constituent Assembly debates.
• The process of selecting a person to be appointed as the CAG of India should begin by appointing a committee consisting of the Speaker of the Lok Sabha, the Chief Justice of India, and the Chairman of the Public Accounts Committee to shortlist names to be considered for appointment as the CAG of India.
• And a panel of three names should be forwarded to the President for him to make the final selection as in Article 148 of the Constitution of India.