02-03-2023 : The Supreme Court of India has issued a landmark ruling aimed at insulating the Election Commission of India (ECI) from political interference. The verdict means that the process of appointing Election Commissioners will change, with appointments now being made on the advice of the Prime Minister, Leader of the Opposition, and Chief Justice of India. The President will make the appointments based on the panel’s recommendations, with the opposition and judiciary having a say in the process.
The Supreme Court has called for the ECI to have an independent secretariat, rule-making powers, an independent budget, and protection from impeachment. The ECI can now draw funds directly from the Consolidated Fund of India instead of having to go to the Prime Minister’s Office and the Law Ministry for funds and approvals. The verdict also means that the ECI will have an independent budget and rule-making powers, and an equal level of protection from impeachment.
The Supreme Court has stated that “elections should undoubtedly be fair, and the buck stops with the Election Commission of India to ensure its purity is maintained.” The court has stressed on the need for a “fair and transparent mechanism” so that the “best man” is appointed as the Chief Election Commissioner of the country.
The opposition parties have welcomed the verdict. However, they have also called for the resignation of all three Election Commissioners, arguing that the appointments of the ECI should be done through a collegium-like system. The opposition has argued that the existing process of appointments is driven by “whims and fancies of the executive” and has sought a more transparent and fair appointment system.
The Supreme Court’s ruling comes before a string of state polls and the 2024 national election. The court has emphasized that democracy is fragile and will collapse if lip service is paid to the rule of law, and an Election Commission that doesn’t have a free and fair role in the process “guarantees breakdown of rule of law, which is the bedrock of democracy.”
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