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Jan 20, 2013

Centre For PIL & Anr Vs Union of India & Anr, AIR 2011 SC 1267

Supreme Court of India considered the argument of unanimity, or consensus, in the matter of the appointment of the Central Vigilance
Commissioner and observed as under
“It was further submitted that if unanimity is ruled
out then the very purpose of inducting the Leader
of the Opposition in the process of selection will
stand defeated because if the recommendation of
the Committee were to be arrived at by majority it
would  always  exclude  the  Leader  of  the
Opposition since the Prime Minister and the Home
Minister will always be ad idem.
 We find no merit in these submissions. To accept
the  contentions  advanced  on  behalf  of  the
petitioners  would  mean  conferment  of  a  “veto
right”  on  one  of  the  members  of  the  HPC.  To
confer such a power on one of the members would
amount to judicial legislation.”

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