Can this amount to constitutional sacrilege ?
3 Sept 2010, 09:36
Can anyone holding constitutional posts such as Election Commissioner with Election Commission or as state election commissioner or any other such constitutional posts resign from his/her job to take up any government job?
Does this amount to constitutional sacrilege ? Can such appointments be challenged in a court of law? This is for an academic debate. Please suggest.
3 Replies
A writ of quo-warranto ?
Dear Sirs
As our learned friends know this will depend entirely upon the terms of one’s appointment as election commissioner.
If the agreement of appointment as a election commissioner prohibits any further appointments whether as a civil servant or otherwise then clearly there is a breach.
Turning now to the point about the Constitutional issue, executive i.e the Civil serrvice is indeed seperate from Parliament and also the judiciary and perhaps the Election commission as well .
However, that in itself should not prevent some one from accepting appointment from one sector to another, for example a jutice who has resign from his post as a Highcourt judge or a supreme court judge could and should be allowed to accept appointment as a civil servant in the executive.
To prohibit him/her from doing so will be the violation of his/her human rights .
Best Wishes and Kind Regards
Bhupendra
Sir,
Thanks for the reply.