Prez to appoint CEC, ECs on advice of PM-LoP-CJI panel

New Delhi: In a landmark verdict, the Supreme Court on Thursday ruled that the decision on the appointment of Chief Election Commissioner (CEC) and Elections Commissioners (ECs) will be taken by a committee comprising of the Prime Minister, Leader of the Opposition and Chief Justice of India until a law is made in this regard. They will give their suggestions to the President, who will in turn appoint the CEC and ECs.

The SC said that elections in a democracy should undoubtedly be fair and the buck stops with the Election Commission to ensure that its purity is maintained. "In a democracy, the purity of election must be maintained or else it would lead to disastrous consequences," the court said.

A five-judge constitution bench headed by Justice KM Joseph, in a unanimous verdict, held that a 3-member panel comprising of PM Modi, CJI Chandrachud and an LoP will discuss suggestions for the appointment of CEC and ECs.

This committee will present its suggestions to President Droupadi Murmu, who will then appoint people to the posts of CEC and EC. This norm will continue to hold good till a law on the issue is made by Parliament.

The Supreme Court said if the Leader of Opposition in the Lok Sabha is not there, then the leader of the single largest Opposition party will be in the committee to appoint the CEC and ECs.

Delivering the verdict, Justice KM Joseph, who headed the five-judge bench, said, "The Election Commission has to be independent. It cannot claim to be independent then act in an unfair manner." However, Justice Rastogi, who concurred with the lead judgment authored by Justice Joseph, delivered a separate verdict with his reasoning. The Bench delivered its verdict on a batch of pleas seeking a collegium-like system for the appointment of election commissioners and the Chief Election Commissioner.

Oppn parties welcome SC ruling

Opposition parties welcomed the Supreme Court's verdict on appointments in the Election Commission, saying the judgment will strengthen democracy and pave the way for free and fair polls, with the Congress seeking that the same mechanism be applied to the Enforcement Directorate. Terming the verdict as historic, Congress spokesperson Abhishek Singhvi said it is significant as steps are required to be taken to stop the misuse of agencies and institutions by the BJP-led government.