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Supreme Court Verdict on ECI Appointments
March 10 , 2023
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- A five-judge bench of the Supreme Court (SC) headed by Justice KM Joseph unanimously gave verdict on appointment of the Chief Election Commissioner and the Election Commissioners.
- These appointments shall be made by the President on the advice of a selection Committee.
- This Committee will be consisting of the Prime Minister, the Leader of the Opposition of the Lok Sabha and Chief Justice of India (CJI).
- In case no leader of Opposition is available, the leader of the largest opposition Party in the Lok Sabha in terms of numerical strength will be a part of such committee.
- The Bench also appealed to the central government to constitute an independent secretariat for dealing with the expenditure of the Commission.
Appointment Procedure
- As per the Article 324(2), The appointment of the CEC and other Election Commissioners shall be made by the President.
- It is also subject to the provisions of any law made in that behalf by Parliament.
- The President determines the conditions of service and tenure of office of the Election.
- Under the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 they have a tenure of six years, or up to the age of 65 years, whichever is earlier.
- Typically, the senior-most election commissioner is appointed as the CEC.
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