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Leaders welcome SC ruling on appointment of CEC, ECs

The Supreme Courth as ruled that a panel comprising the Prime Minister, the Leader of Opposition (LoP), and the Chief Justice of India (CJI) shall appoint the Chief Election Commissioner (CEC) and Election Commissioners (ECs)

Published on: Mar 2, 2023, 14:07:00 IST
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The Supreme Court on Thursday revamped the selection mechanism to appoint the Chief Election Commissioner (CEC) and Election Commissioners (ECs), ruling that a panel comprising the Prime Minister, the Leader of Opposition (LoP), and the Chief Justice of India (CJI) shall appoint them.

The Election Commission of India (ECI) is a three-member body, with a Chief Election Commissioner (CEC) and two Election Commissioners (ECs). (Representative Image)
The Election Commission of India (ECI) is a three-member body, with a Chief Election Commissioner (CEC) and two Election Commissioners (ECs). (Representative Image)

A five-judge Constitution bench presided by Justice K M Joseph made the ruling which is set to limit the government’s authority to make such high-level appointments like that of the CEC and ECs, and this will continue to hold good till a law is made by Parliament, as per the SC bench.

“Purity of the election process must be maintained to preserve democracy. Otherwise, it would lead to disastrous consequences,” said justice Joseph while reading out the operative part of his judgment.

Reactions started to pour in as soon the news was made official and leaders from several political spectrums have now issued their response over the same.

Shiv Sena member of Parliament (MP) Priyanka Chaturvedi called it a landmark order from the apex court.

“Truly landmark order from Supreme Court on top appointments of EC. A panel comprising PM, Leader of Opp/opposition leader of largest political party in Lok Sabha & the CJI for the top appointments in Election Commission. Earlier it was the PM recommending names to the President,” she tweeted.

Trinamool Congress (TMC) MP Derek O’Brien while issuing a response over the same stated that the decision was ‘huge’ from the SC.

“For many years now people have been saying the Election commission equals Extremely Compromised. With this Election commission can again strive to become Extremely Competent,” he said in a video posted on his Twitter handle

The Nationalist Congress Party (NCP)’s Saleem Sarang said, “A ray of hope for a righteous Election Commission? The Supreme Court calls for committees including the PM, Chief Justice of India, and Leader of Opposition to appoint Election Commissioners. A free and fair EC in Amrut Kal? Most unlikely!”

Presently, the ECI is a three-member body, with a CEC and two ECs. Under Article 324(2) of the Constitution, the President is empowered to appoint the CEC and ECs. This provision further stipulates that the President, who acts on the aid and advice of the Prime Minister and the council of ministers, will make the appointments “subject to the provisions of any law made on that behalf by Parliament”.

However, with no such law having been framed to date, CEC and ECs are appointed by the Prime Minister and the council of ministers under the seal of the President.

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