SC's landmark verdict: Panel of PM, Opposition leader, CJI to appoint Chief Election Commissioner 

In a landmark verdict aimed at “maintaining the purity of elections”, the Supreme Court on Thursday said that Election Commissioners will be appointed by a panel, which would comprise the Prime Minister, the Leader of Opposition and the Chief Justice of India. 

A  five-judge Constitution bench led by Justice KM Joseph said that the chief election commissioners and two election commissioners, who are in charge of conducting state as well as Lok Sabha elections across the country, will be appointed on the advice of the committee that will give the Opposition and the Judiciary a say. 

"Elections should undoubtedly be fair and the buck stops with the Election Commission of India to ensure its purity is maintained," the panel said on Thursday. 

"In a democracy, the purity of elections must be maintained or else it would lead to disastrous consequences," said the panel. 

At present, the President of India appoints the Chief Election Commissioner and two commissioners for a term of six years each on the recommendation of the Prime Minister, and they are usually former bureaucrats.

After today’s verdict, the Election Commission will have an independent secretariat, rule-making powers, an independent budget, and equal protection from impeachment. 

The Election Commission of India can now draw funds directly from the consolidated fund of India, instead of having to go to the Prime Minister's Officer and the Law Ministry for funds and approvals. 

Earlier, the apex court had called for a "fair and transparent mechanism" so that the "best man" is appointed as the Chief Election Commissioner of the country. 

Earlier, petitions were filed to seek a collegium-like system for the appointment of election commissioners to ensure fair elections in the country, arguing that the existing process was driven by "whims and fancies of the executive". 

The petitions said unlike the appointments of the CBI director or corruption watchdog Lokpal, where the leader of the Opposition and judiciary have a say, the Centre unilaterally appointed members of the Election Commission. 

The apex court had raised questions on the Centre’s appointment of former IAS officer Arun Goel as the new Election Commissioner at "lightning speed", within 24 hours, and had asked to see the original files related to the appointment. 

Arun Goel, a 1985-batch IAS officer, took voluntary retirement from his previous posting on November 18 and was appointed Election Commissioner on November 19. He took charge on November 21. 

The apex court asked how the Ministry of Law and Justice shortlisted four names for the appointment of Election Commissioner.  

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