The Supreme Court on Thursday ruled that appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) will be done by the President on the advice of a committee comprising the Prime Minister, Leader of Opposition in the Lok Sabha and the Chief Justice of India.
A five-judge Constitution Bench headed by Justice KM Joseph, in a unanimous verdict, held that this norm will continue to hold good till a law on the issue is made by Parliament.
The apex court said if the LoP in the Lok Sabha is not there, then the leader of the single largest opposition party will be in the committee to appoint the CEC and ECs.
This practice will be enforced until a law in this regard is made by the Parliament, Justice KM Joseph said.
The bench comprising Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar was deciding a batch of petitions recommending reform in the process of appointment of members of the Election Commission of India. “Any process that seeks to improve the election process before this Court must be considered,” it said.
The bench emphasised that the Election Commission is duty-bound to act in a fair and legal manner and to abide by the provisions of the Constitution and the directions of the Court. “Democracy is inexplicably intertwined with power to the people...Democracy facilitates the peaceful revolution in the hands of a common man if held in a free and fair manner.”
The court said the Election Commission has to remain “aloof” from all forms of subjugation by the executive.
In his concurring opinion, Justice Rastogi added that the grounds for the removal of ECs should be the same as that of the CEC.
The bench delivered its verdict on a batch of pleas seeking a collegium-like system for the appointment of election commissioners and the Chief Election Commissioner.
(With PTI inputs)
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