Free and fair

Law must establish Election Commission's independence

A five-judge Constitution Bench of the Supreme Court (SC) last week unanimously ruled on what was often considered a “constitutional vacuum”. But the approach adopted by the court will not address the basic issue and can be seen only as an interim measure. The court has ruled that appointment of the chief election commissioner (CEC) and election commissioners (ECs) shall be made by the President of India on the basis of advice rendered by a committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha (in case there is no Leader of the Opposition, then the Leader of the largest Opposition party in the House) and the Chief Justice of India. The appointments thus far were made by the President on the advice of the Prime Minister.

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