Who Should Appoint Election Commissioners? Justice Oka Recalls LK Advani’s Proposal

Election Commission Appointments: Political dominance must not dictate the selection of Election Commissioners, said former Supreme Court judge Justice Abhay Oka (retd), while recalling a proposal that late Bharatiya Janata Party (BJP) stalwart presented to appoint election commissioners. The justice asserted that independent statutory mechanisms are vital to safeguard the integrity of India's democratic institutions.

Delivering a public lecture titled "Freedom of Speech and Us" in Thane, Justice Oka raised sharp questions regarding accountability in constitutional appointments, civil liberties, and municipal infrastructure spending, reported news agecy PTI. 

Challenge to Political Hegemony in Appointments

Justice Oka stressed the immediate need to establish clear legal frameworks to ensure political hegemony does not control the appointment of key electoral authorities. Raising concerns over institutional continuity and accountability, he questioned the lack of clarity regarding procedures should a sitting Chief Election Commissioner, such as Gyanesh Kumar, be removed from office.

To ensure a genuinely independent selection apparatus, Justice Oka recalled a proposal championed nearly 14 years ago by former Deputy Prime Minister Lal Krishna Advani. The proposed collegium model comprised a multi-party selection panel, including:

• The Prime Minister

• The Union Law Minister

• The Leaders of the Opposition in both the Lok Sabha and the Rajya Sabha

• The Chief Justice of India

"Free and fair elections remain the ultimate bedrock of a functional democracy," Justice Oka remarked, underlining that non-partisan appointments are critical to maintaining public trust in the electoral process.

Protection of Free Expression

Turning to civil liberties, the retired judge described freedom of speech as an indispensable fundamental right for every citizen. He highlighted that democratic discourse relies on peaceful debate rather than intimidation."An argument must be met with an argument, not with physical force. To preserve our nation's democracy, freedom of speech must be protected, as life loses its meaningful essence without it," said the former top court judge. 

Critique of Local Environmental Exploitation

Justice Oka severely criticised the ongoing ecological damage in urban centres, pointing to the unprecedented temperatures of 38°C to 40°C recently recorded across Thane and Mumbai. He attributed the rising heat to systematic deforestation, noting that tens of thousands of trees have been felled throughout Thane over the past decade to clear land for commercial and infrastructure projects.

Lamenting a widespread lack of environmental sensitivity among political leaders, he asserted that cultivating a scientific temper does not conflict with religious faith. By way of example, he cited the practice of immersing idols into natural water bodies, describing it as incompatible with sound environmental stewardship.

Questions Over Rs 12,000-Crore Metro Spending

Addressing local urban development, Justice Oka argued that citizens have a fundamental right to scrutinise public expenditure. Referring to Thane's proposed Rs 12,000-crore circular metro corridor, he questioned whether such high capital outlays represent the most efficient use of public funds.

He suggested that identical transport improvements could be delivered at a fraction of the cost through pragmatic alternatives, such as optimising the existing road network and significantly expanding the municipal bus fleet managed by the Thane Municipal Transport (TMT) service.