Read Time: 04 minutes

Synopsis

A Constitution bench of the Supreme Court has directed that the appointment of an Election Commissioner shall be on the recommendation of a committee comprising the Prime Minister, Leader of Opposition in the Lok Sabha, and the Chief Justice of India.

Justice KM Joseph, heading the constitution bench clarified that this committee will function till the time Parliament enacts a law in this regard.

Said committee shall also be making recommendations for the appointment of the Chief Election Commissioner.

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

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

Notably, the court has also emphasized that the grounds for removal of the Election Commissioners should be same as that for Chief Election Commissioner.

The matter was referred to the Constitutional Bench after a Division Bench of the Top 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.

Top Court has noted that several political parties came into power, but none framed a law for appointment in the Election Commission. Court added that this was a "lacuna" and emphasised that the Election Commission is duty bound to act in a fair and legal manner and to abide by the provisions of the Constitution and the directions of the Court.

"Democracy is inexplicably intertwined with power to the people...Democracy facilitates the peaceful revolution in the hands of a common man if held in a free and fair manner", the bench added.

Case Status: Anoop Baranwal vs. Union of India