CEC, Election Commissioners To Be Appointed On Recommendation Of PM, LoP And CJI, Rules Supreme Court

A Constitution bench of the Supreme Court on Thursday (2 March) ruled that the appointment of Chief Election Commissioner and election commissioners will be done on the recommendation of a committee comprising the Prime Minister, Leader of 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, held that this committee will function till the time Parliament enacts a law in this regard.

The constitution Bench also comprising Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar made these directions in a batch of pleas seeking reform in the process of appointment of members of the Election Commission of India.

The apex court said if the leader of opposition in the Lok Sabha is not there, then leader of the single largest opposition party will be in the committee to appoint the Chief Election Commissioner and elections commissioners.

"Any process that seeks to improve the election process before this Court must be considered," the bench had said, reports Lawbeat.

The matter was referred to the Constitutional Bench after a Division Bench of the apex court was of the view that 'a close look and interpretation of the provision of Article 324 of the Constitution of India’, which states superintendence, direction and control of elections to be vested in the Election Commission, was required.

Article 324 (2) says the Election Commission consist of the Chief Election Commissioner and election commissioners, if any, as the President may from time to time fix and their appointments shall, subject to the provisions of any law made in that behalf by parliament, be made by the President.

The apex court had reserved its judgement on the issue on 24 November last year.

(With inputs from PTI)