The appointment of EC members will be made on the recommendation of a committee composed of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India (CJI), according to a ruling by a Constitution Bench headed by Justice K M Joseph. This decision limits the ability of the current government to make the appointments.
As required by Article 324, the order will remain in effect until the appointment is made into law by parliament.
Source: The Hindu
The bench correctly noted that a susceptible EC would result in an insidious scenario and that democracy can only be successful if all parties involved endeavour to keep the election process’ integrity so that it accurately reflects the will of the people. As the court noted, a person in a situation of commitment to the State cannot have an independent thought, it is crucial that the appointment represent viewpoints other than those of the government. The Opposition should participate equally in the selection of the EC since it has an equal stake in the electoral process as the government does.
The Supreme Court has already stated that if parliament does not enact the necessary laws to allow for the appointment of Election Commissioners, the court will have judicial options. That choice has now been made. The court has adopted a suggestion that the Law Commission made a number of years ago.
Source: The Print
The process for appointing an EC will now follow the same guidelines as those for appointing a CBI director, a central vigilance commissioner, and a central information commissioner. Notwithstanding the fact that even such a selection procedure would not be flawless, it would be more democratic and less arbitrary.
Significantly, the court’s decision and remarks have effectively disqualified the current Election Commissioners, making their resignation necessary to implement the new selection procedure.
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