The Supreme Court on Thursday ruled that the Election Commissioners will be appointed by the President of India on the advice of a Committee consisting of Prime Minister, leader of the Opposition in the Lok Sabha (or leader of the largest opposition party) and Chief Justice of India.
A constitution bench of Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar while deciding a batch of pleas recommending reform in the process of appointment of members of ECI said, “Any process that seeks to improve the election process before this Court must be considered.”
The bench observed that the EC is bound to act in a fair and legal manner and said, “Democracy is inexplicably intertwined with power to the people… Democracy facilitates the people revolution in the hands of a common man if held in a free and fair manner.”
“One of the ways it can interfere is cutting of financial support. A vulnerable Election Commission would result in an insidious situation and detract from its efficient functioning,” it said.
The apex court further said that the EC has to be independent.
It said, “The means to gain power in democracy must remain pure and abide by the Constitution and the laws. EC cannot claim to be independent then act in an unfair. A person in state of obligation to the state cannot have an independent frame of mind. An independent person will not be servile to those in power.”
