The right to vote cannot be overridden by ancillary law-making powers - SC

Bench: Bench of Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, CT Ravikumar, and Hrishikesh Roy

On Wednesday, the Supreme Court observed that citizens' right to vote cannot be overridden by ancillary law-making powers. The remark was made during a hearing before the Constitution bench, where the counsel for the Election Commission stated that the right to vote is more statutory than constitutional.

The Court was hearing a challenge to the current system of appointing members of the ECI on the ground that the executive enjoys the power to make appointments in violation of Article 324(2) of the Constitution of India.

In today's hearing, the bench also ordered the Central government to produce the file relating to the recent appointment of retired civil servant Arun Goel as an Election Commissioner.

In light of the pendency of an interim application seeking a stay on appointments to the Election Commission of India (ECI), Justice Joseph asked Attorney General Venkataramani how the appointment could have been made. 

Goel retired on Friday, was appointed on Saturday, and took over on Monday.

It was argued today that judicial intervention is necessary absent a law under Article 324.

According to the bench yesterday, political parties in power at the center compel chief election commissioners (CECs) to do their bidding in order to remain in power, thereby compromising the commission's independence.

Election Commissioners should have the same procedure and immunity from removal as the Chief Election Commissioner.

Due to the financial implications, the bench said the proposal for an independent secretariat was a policy decision.