Supreme Court asks president to appoint CEC, ECs upon advice of committee
2 min read . Updated: 02 Mar 2023, 11:53 AM IST
The prime minister, the leader of the opposition in the Lok Sabha and the Chief Justice of India will make recommendations to the president about the appointment.
On March 2, the Supreme Court made a ruling regarding the appointment of the Chief Election Commissioner (CEC) and elections commissioners (ECs) in India. The court stated that the president will appoint these officials on the advice of a committee consisting of the prime minister, leader of the opposition in the Lok Sabha, and the Chief Justice of India (CJI).
The decision was made by a five-judge constitution bench headed by Justice KM Joseph, who held that this norm would continue to be in effect until a law on the issue is enacted by Parliament.
The Supreme Court also clarified that, if the leader of the opposition in the Lok Sabha is absent, the leader of the single largest opposition party will be included in the committee responsible for appointing the CEC and ECs.
This ruling was made in response to a batch of pleas seeking a collegium-like system for the appointment of ECs and the CEC. The unanimous decision by the constitution bench brings clarity to the process of appointment of these officials and ensures the continuation of an established norm until a law is enacted by Parliament.
On March 2, the apex court delivered two unanimous verdicts. In a separate judgement, Justice Ajay Rastogi added that the process for removing ECs would be the same as that for removing the CEC, which is impeachment.
The verdicts were related to various petitions seeking reform in the appointment process for members of the Election Commission of India (ECI).
The apex court reserved its judgement on these petitions on November 24, 2022. The petitions challenged the constitutionality of the present appointment process for the CEC and ECs, contending that appointments were being made based on the whims and fancies of the executive.
The petitioners sought the creation of an independent collegium or selection committee for future appointments of the CEC and two other ECs.
The petitions argued that unlike the appointments of the CBI director or Lokpal, where the leader of the opposition and judiciary have a say, the Centre unilaterally appoints the members of the ECI.
The Supreme Court's unanimous decision brings clarity to the process of appointment and removal of ECs and ensures the continuation of an established norm until any changes are made by the appropriate authorities.
(With agency inputs)