The Supreme Court expressed concerns about the current law governing the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs). The court raised issues regarding the selection mechanism, noting that it seemed to give significant control to the executive and minimize the role of the Leader of Opposition.
A bench of Justices Dipankar Datta and Satish Chandra Sharma questioned the absence of an independent member in the selection panel responsible for appointing top officials to the Election Commission of India (ECI) under the 2023 law. The selection committee includes the Prime Minister, the Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.
The independence of the ECI was emphasized by the Justice Datta-led Bench during the hearing, highlighting its crucial role in ensuring free and fair elections, which are a fundamental part of the Constitution’s basic structure. The court pointed out the need for an independent member in the selection process to maintain the ECI’s autonomy.
The Supreme Court, while not advocating for the Chief Justice of India (CJI) to be part of the selection committee, questioned the lack of an independent member in the selection process. It further scrutinized the practical functioning of the three-member selection panel, expressing concerns about potential disagreements and the imbalance in decision-making.
