LoP's presence in panel to pick CEC, ECs 'ornamental': SC judge

NEW DELHI: Deliberating on the validity of the law on appointment of chief election commissioner and election commissioners by a panel of the PM, a cabinet minister and the leader of opposition, Justice Dipankar Datta on Wednesday pointed out drawbacks and said it gave "overwhelming" power to the executive and made the presence of the LoP "ornamental", undermining the appearance of independence in the selection process. He also noted that since independence, govts had tried to control the poll body."Over seven decades, every dispensation wresting office found it convenient to keep institutions which the Constitution envisioned to be independent under their control. To enact a law on the lines empowered by Article 324(2) would have meant freeing the ECI from exclusive executive control and inviting trouble for the ruling regime. To the mind of this court, this has not been the failing of any one party or one period.