Supreme Court says panel of PM, CJI, LoP should appoint Election Commissioners

In a landmark judgement, the Supreme Court on Thursday ruled that the appointment of the CEC and ECs will be done by the President on the advise of a committee comprising the PM, LoP in the Lok Sabha, and the CJI.

The Supreme Court on Thursday ruled that the Chief Election Commissioner and other Election Commissioners will be appointed by the President on the suggestion of a committee comprising of the Prime Minister, the Leader of the Opposition, and the Chief Justice of India.

A five-judge constitution bench headed by Justice KM Joseph further said if the LoP is away, the committee to select the ECs and CEC will have the head of the single biggest opposition party in the Lok Sabha, according to the statement. The court added that the norm will continue to hold good till a law is passed by Parliament.

While pronouncing the judgment headed by Justice K.M. Joseph, he said, "Hallmark of a substantial and liberal democracy must be borne in mind, democracy is inextricably linked to the power of the people. The power of the ballot is supreme, capable of unseating the most powerful parties."

Currently, the CEC and ECs are appointed by the President to a tenure of six years, or up to the age of 65 years, whichever is earlier. 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.