SC’s Major Order to Make Appointments of Election Commissioners Free & Fair

New Delhi: A Constitution Bench of the Supreme Court in a landmark verdict on Thursday ordered that the election commissioners will be appointed by the President of India on the advice of a committee, consisting of the Prime Minister, the leader of the opposition in the Lok Sabha, and the Chief Justice of India.

A five-judge Constitution Bench headed by Justice KM Joseph, in a unanimous verdict, opined that this norm will continue to hold good till a law on the issue is made by Parliament.

The Election Commission must be appointed like the CBI chief, said the judges. At present, the President appoints the Chief Election Commissioner and two Commissioners for a tenure of six years each. They are usually former bureaucrats appointed on the recommendation of the Prime Minister.

The apex court said if the Leader of the 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 Chief Election Commissioner and Elections Commissioners.

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.