The Supreme Court on Thursday sharply questioned the existing appointment process for the Chief Election Commissioner (CEC) and Election Commissioners (ECs), where a panel comprising the Prime Minister, a Union Cabinet minister, and the Leader of the Opposition (LoP) selects the candidates. The court observed that the current system permits the government to appoint a person of its choice, as two out of three members would naturally favour the ruling side.
Court Questions 'Show-Off About Independence'
Hearing a plea challenging the constitutional validity of the appointment mechanism, a bench of Justices Dipankar Gupta and Satish Chandra Sharma asked why a Cabinet minister should be part of the panel. The bench remarked that the presence of the LoP becomes merely ornamental when a minister, who would never go against the Prime Minister, ensures a 2:1 decision in favour of the government. "Why this show-off about independence in the appointment process?" the court asked.
Need for an Independent Member
The court pointed out that for the appointment of the CBI director, an independent panel comprising the PM, Chief Justice of India (CJI), and LoP is used. The bench questioned why the same practice should not apply to the Election Commission, which plays a more critical role in upholding democracy and ensuring free and fair elections. "We don't say the CJI should be there. But why shouldn't there be an independent member? Why should it be from the ministry?" the bench said.
Attorney General K Venkataramani argued that the neutrality and independence of CEC/ECs arise from their functioning after appointment. However, the bench countered that independence begins from the appointment process itself. The court emphasised that the poll panel must not only act neutrally but also appear neutral.
Records Sought on Hasty Appointments
The court also sought original records regarding the appointment of Gyanesh Kumar (now CEC) and S S Sandhu as election commissioners in 2024, as the process came under scrutiny. The bench observed that the role of the Election Commission is more crucial than the CBI, as it is directly involved in maintaining democracy.
The Supreme Court is currently examining the validity of the law framed after its earlier direction that appointments should be made by a panel of PM, CJI, and LoP to ensure independence. The court's remarks have reignited the debate on the need for a transparent and impartial appointment mechanism for the country's top election watchdog.
