To ensure independence of Election Commission of India, Supreme Court has stepped in. Chief Justice of India (CJI) is to have a say in appointment of Chief Election Commissioner (CEC) and Election Commissioners.
Under the Article 324 of Part XV of Constitution of India dealing with election, the Chief Election Commissioner and the Election Commissioners of Election Commission of India (ECI) are, so far, appointed by the President of India on the basis of recommendations of the Union cabinet headed by the Prime Minister of India.
However, this is set to change now. Supreme Court has ruled that the appointment of Chief Election Commissioner and the Election Commissioners will be done based on recommendation of a three-member committee comprising of Prime Minister of India, Leader of Opposition (LoP) and Chief Justice of India (CJI).
In its final order dated 2nd March 2023 in Anoop Baranwal Versus Union of India case, Supreme Court of India has declared ruled that as far as appointment to the posts of Chief Election Commissioner and the Election Commissioners are concerned, the same shall be done by the President of India on the basis of the advice tendered by a Committee consisting of the Prime Minister of India, the Leader of the Opposition in the Lok Sabha and, in case, there is no such Leader, the Leader of the largest Party in the Opposition in the Lok Sabha having the largest numerical strength, and the Chief Justice of India.
As regards the relief relating to putting in place a permanent Secretariat for the Election Commission of India and charging its expenditure to the Consolidated Fund of India is concerned, the Court made a fervent appeal that the Union of India/Parliament may consider bringing in the necessary changes so that the Election Commission of India becomes truly independent.
Many would argue that Chief Justice of India (CJI) assuming a role in appointment of Chief Election Commissioner and Election Commissioners is yet another instance of judiciary infringing on the power and responsibilities of other organ of States (in this case, the Executive). The fact remains that political parties not in power have always been litigating and questioning impartiality of constitutional bodies (including Election Commission of India) and accusing the ruling party of misusing such bodies to its political benefits. Even this judgement is borne out of writ petitions by political activists. So, the situation very much seems like, you asked for it!
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