New Delhi, March 2.
In a bid to insulate the Election Commission from political interference and further democratise its functioning, the Supreme Court on Thursday ruled that a panel, which includes the Prime Minister, the leader of the opposition in the Lok Sabha and the Chief Justice of India, will appoint the election commissioners for now.
This system would continue till the government brings in a law to deal with such appointments, a five-judge bench led by Justice K.M. Joseph, said.
“Election Commissioners will be appointed by the President on the advice of a committee consisting of the Prime Minister, and leader of Opposition in Lok Sabha, or leader of largest opposition party … and the Chief Justice of India,” a constitution bench said.
“This law will continue to hold good until a law is made by Parliament.” The bench also included Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and C.T. Ravikumar.
The court also asked the government to facilitate funding for the Election Commission from the Consolidated Fund of India and a separate secretariat.
The orders came on several pleas which had alleged that the existing system virtually ensures that the executive has the final say over these appointments, adversely impacting the freedom of the institution to act without fear and favour.
“A person in… obligation to the state cannot have an independent frame of mind. An independent person will not be servile to those in power,” the court said.
The bench suggested that an Election Commission per se does not guarantee rule of law if it exercises its powers illegally or unconstitutionally. The Election Commission has to be independent and cannot claim to be independent and act unfair.
Especially at a time the media has turned partisan abdicating its role as the watchdog of democracy and there’s been a huge surge in the role of money power and criminals in politics, it said.
