'Who checks the power?' Ex-SC judge calls for safeguards in poll panel appointments

NEW DELHI: Former Supreme Court judge Abhay Oka has called for a legal framework to ensure that the appointment of election commissioners remains free from political dominance. He stressed that independent institutions are essential to protecting democracy.Speaking at a lecture titled "Freedom of Speech and Us" in Thane on Sunday, Justice Oka (retd) questioned the safeguards in place to ensure accountability in constitutional appointments and called for a more independent selection process.Oka cited a proposal by former deputy prime minister Lal Krishna Advani for a collegium system to appoint election commissioners. "Former Deputy Prime Minister Lal Krishna Advani had proposed a collegium system nearly 14 years ago, which would have included the Prime Minister, Law Minister, Leaders of the Opposition in both the Lok Sabha and the Rajya Sabha, and the Chief Justice of India, to ensure a truly independent selection process," he claimed.He also questioned what would happen if an election commissioner, such as Gyanesh Kumar, were removed from office, highlighting the need for clear legal provisions governing such appointments and ensuring institutional independence.Reiterating the importance of free and fair elections, Oka said freedom of speech was equally vital to democracy. Every citizen must be able to express their views and perspectives, he said, adding that disagreements should be addressed through debate rather than violence."To preserve our nation's democracy, freedom of speech must be protected, as life loses its meaningful essence without it," he added.The former judge also criticised what he described as "systematic environmental exploitation", linking rising temperatures in Thane and Mumbai to the loss of green cover."Temperatures in Thane and Mumbai touching 38 to 40 degrees Celsius were unprecedented. Thousands of trees had been cut down across Thane over the past decade to clear space for various projects, the consequences of which citizens are now bearing," he said.Oka lamented the lack of environmental sensitivity among political leaders. He said maintaining a scientific temper did not mean opposing religion, citing idol immersion in natural water bodies as an example of practices that conflict with scientific stewardship.He also questioned the proposed circular metro project in Thane, arguing that citizens had the right to scrutinise large public spending decisions. He asked whether the ₹12,000 crore earmarked for metro corridors could be put to better use through alternatives such as road optimisation and a significant expansion of the Thane Municipal Transport fleet.Get the latest India News and Live updates. Download the TOI app.