Of late, the Election Commission of India (ECI) has been a focal point of differences between the government and the judiciary. This time, the clash of opinions is over its appointment.
The Supreme Court of India, in a judgment on March 2, directed that the Chief Election Commissioner (CEC) and the Election Commissioners (EC) will be appointed by the President of India based on the advice of a committee made up of the Prime Minister, the Leader of the Opposition in the Lok Sabha or the leader of the single largest Opposition party and the Chief Justice of India (CJI). This judgment of the Constitution Bench was a major step towards broadbasing the ECI and enhancing its constitutional status. Article 324 of the Constitution contains a provision for such a law to be enacted by Parliament.
The significance of this judgment also lies in the fact that this was a unanimous judgment of a five-judge Bench. So far, the top officers of the ECI have been appointed by the President of India on the advice of the central government. However, the government of the day, in an unambiguous move, introduced a Bill in the Rajya Sabha on August 10 which if passed will overturn this verdict.
