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Unanimity in picking CIC, CVC unachievable says Supreme Court

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On Monday, the Supreme Court bench comprising of Chief Justice Ranjan Gogoi and Justice Sanjay Kishan Kaul expressed their views regarding the appointment of Central Vigilance Commission, Central Information Commission and Central Bureau of Investigation Director. Chief Justice Ranjan Gogoi said” In a multi-member committee, if you are looking for unanimity in selection of CVC, CBI director and Lokpal, then there can never be an appointment. It is unachievable.”

An NGO appealed to the judges that unanimity was important to maintain independency, transparency and fairness of the institutions headed by persons chosen by the highly powerful committees. Advocate Gopal Sankaranarayanan appeared for the NGO. He said to the bench that selection of the Central Vigilance Commission which was empowered to address governmental corruption has turned to be a choice of the government. The selection committee presently consists of the Prime Minister of India, the Home Minister and the Leader of the Opposition in the Lok Sabha. Therefore, the selection committee for CIC and CVC has become a choice for the government.

However, the Supreme Court bench refused to entertain the plea of the NGO. The bench stated further that the decisions taken by the highly powerful committees of the government should be through unanimous vote. It would be unviable and unachievable to seek unanimity in the multi-member highly powerful committee to choose Lokpal, Central Vigilance Commission, Central Information Commission and Central Bureau of Investigation Director.

There was another point of appeal by the NGO which the bench took note of. The bench agreed to entertain the second point of appeal of the NGO which says that wherever the statute provides a leader of opposition to be a part of the highly powerful committee, it would only mean the leader of the single largest opposition party in the Lok Sabha.

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