The Constitution Bench of the Supreme Court on Thursday made a judgment and said from now the appointment of the Chief Election Commissioner and Election commissioners will be done by the President on the advice of committee comprising the Prime Minister, Leader of the Opposition in the LokSabha, and the Chief Justice of India.
A five-judge constitution bench headed by Justice KM Joseph, in a unanimous verdict held that this norm would continue to hold good till a law on the issue is made by Parliament.
The apex court said if the leader of the opposition in the Lok Sabha is not there, then the leader of the single largest opposition party will be in the committee to appoint the Chief Election Commissioner and elections commissioners.
The bench delivered its verdict on a batch of pleas seeking a collegium-like system for the appointment of the election commissioners and the Chief Election Commissioner.
The bench said the Election Commission must act within the constitutional framework and the law, and the Commission cannot act unfairly.
It said that an Election Commission, which does not ensure a free and fair role in the process, guarantees the breakdown of rule of law, which is the bedrock of democracy.
The EC has to be independent, and it is duty-bound to act fairly and legally and abide by the provisions of the Constitution and the directions of the Court says Justice Joseph.