Are appointed Election Commission, CAG not credible, asks Arun Jaitley

New Delhi: Union finance minister Arun Jaitley questioned the lack of constitutional principle in the Supreme Court verdict on National Judicial Appointments Commission Act.

“A constitutional court, while interpreting the Constitution, had to base the judgment on constitutional principles. There is no constitutional principle that democracy and its institutions has to be saved from elected representatives,” he said.

“Indian democracy cannot be a tyranny of the unelected, and if the elected are undermined, democracy itself would be in danger,” Mr Jaitley said.

Stating that “few issues” had arisen in his mind after reading the opinion of the five judges, he said, “Are not institutions like the Election Commission and CAG not credible enough even though they are appointed by elected governments?”

The key rationale, he said, behind the majority opinion appeared to be that independence of the judiciary was an essential ingredient of the basic structure of the Constitution.

“This is unquestionably a correct proposition. Having stated this, the majority transgresses into an erroneous logic,” he said. “Judges appointed on this basis may feel gratified to the politicians. Political persons would be obviously guided by their political interest. The judges warn of “adverse” consequences if politicians were a part of the appointment process,” he said.