A High Powered Committee of Prime Minister, Leader of Opposition in the Lok Sabha or the leader of the single largest party and the Chief Justice of India will advice the President in the appointment of the Chief Election Commissioner and Election Commissioners, the Constitution Bench of the Supreme Court said in its verdict on petitions seeking an “independent mechanism for appointment of Election Commissioners” outside the exclusive power of the government.
The Constitution Bench also made a fervent appeal to the Parliament and the Union of India to constitute a separate and independent secretariat for dealing with the expenditure of the Election Commission of India to cut it from any financial obligation to the government.
The judgment, the Bench said, is based on the outpour of pleas to make the ECI seen as an impartial body.
The five-judge Bench led by Justice K.M. Joseph had heard separate petitions filed by advocates Prashant Bhushan, Kaleeswaram Raj and senior advocate Gopal Sankaranarayanan, who had all argued that the selection process should be carried out by a high-level committee comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India, as was done in the case of the Director, Central Bureau of Investigation (CBI).
The petitions were referred to the Constitution Bench despite objections raised by the Centre that the appointment of Election Commissioners to the top poll body was “consciously and deliberately” a part of the executive function of the state.
The Centre had argued that the appointment process under the aegis of the government had in the past given eminent persons, including T.N. Seshan, who was a byword for independence.
Mr. Sankaranarayanan, appearing for petitioner Ashwini Upadhyay, said there should be an independent secretariat for the appointment process of Election Commissioners, and their emoluments should be drawn from the Consolidated Fund of India.
