Election commissioners to be appointed by PM, opposition leader, CJI: Supreme Court [2.3.2023]

The Election Commissioners will be appointed by the President of India on the advice of the Prime Minister, leader of the Opposition in Lok Sabha and the Chief Justice of India, a constitution bench of the Supreme Court said on Thursday.

Justice KM Joseph, while reading the judgment, said that this will be followed until the Parliament comes up with a law in this regard.

"Any process that seeks to improve the election process before this Court must be considered," the bench comprising Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar said.

According to a report by LiveLaw, the bench said EC is bound to act fairly and legally and it must abide by the provisions of the Constitution and the directions of the Court.

"Democracy is inexplicably intertwined with power to the people...Democracy facilitates the peaceful revolution in the hands of a common man if held in a free and fair manner," it said.

In the order, the apex court also expressed its regret over the impartiality of the media.

"A large section of the media has abdicated its role and become partisan," LiveLaw quoted the judgement.

Moreover, Rastogi said that the process of removal of the ECs must be the same as that of the chief election commissioner.


02 Mar 2023