Panel Comprising PM, CJI And Opposition Leader To Appoint Election Commission Members: Supreme Court

The Supreme Court on Thursday held that the appointment of members of the Election Commission of India (ECI) should be done on the advice of a committee comprising the Prime Minister, Chief Justice of India and the Leader of Opposition (or the leader of the single largest opposition party) in the Lok Sabha. 

A Constitution Bench of Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar said that this practice will be enforced until a law in this regard is made by the parliament.

It said,"The Election Commissioners will be appointed by the President of India on the advice of a committee consisting of the Prime Minister, and leader of Opposition in Lok Sabha, or leader of largest opposition party in cases where there is not enough numerical strength for a leader of opposition, and the Chief Justice of India.

This law will continue to hold good until a law is made by Parliament. The Court asks the government to make a necessary change with regard to funding of the Election Commission from the Consolidated Fund of India and the need for a separate Secretariat."

The Court rendered its decision on a batch of pleas challenging the current system of appointing members of the ECI on the ground that the executive enjoys the power to make appointments in violation of Article 324(2) of the Constitution of India.

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