Published On: Thu, Mar 2nd, 2023

SC orders panel of PM, CJI and Opposition leader for ECs, CEC appointment

New Delhi: The Supreme Court on Thursday ordered setting up of a panel comprising the Prime Minister, Chief Justice of India, and Leader of Opposition in Lok Sabha for the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs).

In democracy, purity of election must be maintained

A five-judge bench of the top court headed by Justice KM Joseph was hearing a batch of petitions seeking reform in the process for the appointment of members of the Election Commission of India. The bench said that elections should undoubtedly be fair and buck stops with ECI to ensure its purity is maintained.

“The appointment of an Election Commissioner shall be on the recommendation of a committee comprising the PM, CJI and the Leader of Opposition in Lok Sabha,” the bench said.

The top court said if LoP is not there, then the leader of the single largest opposition party in Lok Sabha will be in committee to appoint ECs and CEC.

Stressing on ensuring purity in election processes, the bench said that democracy is linked to the will of the people. “The EC has to be independent and it is duty bound to act in a fair and legal manner abide by the provisions of the Constitution and the directions of the Court,” it added.

The top court also said that in democracy, purity of election must be maintained or else it would lead to disastrous consequences. The bench said that the appointment of ECs, CEC shall be done by the President on the recommendation of the committee of the PM, LoP, and CJI.

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