NEW DELHI 2nd Mar: In a significant decision, the Supreme Court on Thursday ordered that the Chief Election Commissioner and election commissioners will be appointed by the President on the recommendation of a panel which will comprise of the Prime Minister, Leader of the Opposition in the Lok Sabha and the CJI.
As things stand today, the CEC and ECs are appointed in terms of Article 324 of the Constitution by the President on the recommendation of the Centre.
Noting that the unrelenting abuse of the electoral process will lead the democracy to its grave, a constitution bench headed by Justice KM Joseph gave a unanimous verdict and said that the purity of election needs to be maintained in a democracy.
The bench which was hearing a batch of pleas seeking a collegium-like system for the appointment of ECs and the CEC, said that its direction will be in place till a law on the issue is made by Parliament.
Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar were the other members of the bench.
The court underlined the need for poll panel to perform the task of remaining aloof from all forms of subjugation by interference from the executive.
It said that an Election Commission, which does not ensure a free and fair role in the process, guarantees the breakdown of rule of law, which is the bedrock of democracy.
Opposition parties welcomed the Supreme Court’s decision and said the judgment would ensure free and fair elections in the country.