The Supreme Court on Thursday unanimously ruled that Election Commissioners as well as the Chief Election Commissioner will now be appointed by the President of India on the advice of a panel comprising the Prime Minister, the Leader of the Opposition (or the largest party) in Lok Sabha and the Chief Justice of India.
The order will remain in force till the Parliament formulates a law to this effect, a Constitution bench of Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar ordered today.
The top court’s order came on a batch of petitions seeking reforms in the process of appointment of Election Commissioners of India. The top court observed in its order that the Election Commission is bound to act in a fair and legal manner and abide by the constitutional provisions 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 bench observed, according to Live Law.
The bench further noted that the poll panel must remain aloof from all forms of subjugation of the executive. A vulnerable EC, the court stressed, would result in an “insidious situation” and detract it from efficient functioning.
The top court had previously questioned the “lightning speed” with which it cleared the appointment of Arun Goel as one of the Election Commissioners. The court had also sought the files from the Centre related to Goel’s appointment to the post.
