SC Says Appointment Of ECs, CEC To Be Done On Recommendation Of PM, LoP & CJI Committee

The Supreme Court has said that the appointment of ECs and CEC will now be done on the recommendation of a committee comprising the PM, LoP and CJI.

In a landmark unanimous verdict, the Constitution bench of the Supreme Court on Thursday said that the appointment of Election Commissioners (ECs) and Chief Election Commissioner (CEC) shall be done by the President on the recommendation of the committee consisting of the Prime Minister, Leader of the opposition and Chief Justice of India. 

The court also added that if the LoP is not there, then the leader of the single largest opposition party in Lok Sabha will be in committee to appoint ECs and CEC. 

The bench was headed by Justice KM Joseph and also comprised Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar, reported ANI. 

In the verdict, the bench highlighted several crucial aspects which make the changes necessary. According to the news agency PTI, the top court stressed on ensuring purity in election processes, adding that democracy is linked to the will of the people. 

While pronouncing the order, Justice Joseph said that the Election Commission has to be independent and it is duty-bound to act in a fair and legal manner and abide by the provisions of the Constitution and the directions of the Court. 

According to ANI, Justice Joseph added that the hallmark of a substantial and liberal democracy must be borne in mind, democracy is inextricably linked to the power of the people. The power of the ballot is supreme, capable of unseating the most powerful parties, he further said. 

The bench said, as quoted by PTI, that democracy is fragile and would collapse if lip service is paid to rule of law. It added that the ECI is duty-bound to act in a free and fair manner, and must act within the Constitutional framework 

The Constitution bench stated that elections should undoubtedly be fair and the buck stops with ECI to ensure its purity is maintained. It added that in democracy, purity of election must be maintained or else it would lead to disastrous consequences, the PTI report added. 

The top court had reserved its judgement on a batch of pleas seeking a collegium-like system for the appointment of ECs and CEC on November 24 2022, reported ANI. 

The petitions sought the creation of an independent collegium or selection committee for future appointments of CEC and two other ECs in the Election Commission of India.  On October 23, 2018, SC referred PILs to the Constitution bench.  

While reserving its order, the court questioned the Centre on the appointment of former IAS officer Arun Goel as the new Election Commissioner at a "lightning speed" adding the process was completed within 24 hours. The court had also looked into the original files brought by the Centre on Goel's appointment as Election Commissioner. 

The bench had then said that it was not questioning the merits of Arun Goel's credentials, but the process. 

Notably, ANI mentioned in the report, Goel had taken voluntary retirement from his previous posting on November 18. He was then appointed Election Commissioner on November 19 and took charge on November 21. 
The top court had inquired the Central government for appointing the 1985-batch IAS officer Goel in a single day. 

Under the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, an Election Commissioner can have a tenure of six years or up to the age of 65, whichever is earlier. 

In another unanimous verdict relating to Election Commissioners, the Supreme Court on Thursday said that the process of removal of ECs shall be the same as that of the Chief Election Commissioner—Impeachment.