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Journalism of Courage
Opposition leaders hailed the Supreme Court ruling on Thursday on the appointment of the Chief Election Commissioner and election commissioners as a “landmark” and “historic” order.
The Court, which was hearing a batch of petitions, said the appointments would be done by the President on the advice of a committee comprising the Prime Minister, Leader of Opposition in the Lok Sabha and the Chief Justice of India.
A five-judge Constitution Bench headed by Justice K M Joseph, in a unanimous verdict, held that this norm will continue to hold good till a law on the issue is made by Parliament.
In a Hindi tweet, Congress leader Randeep Surjewala said, “The decision given by the Supreme Court is very significant. BJP’s conspiracy to weaken democratic values will never succeed.”
Trinamool Congress (TMC) supremo Mamata Banerjee said in a tweet: “(The) Supreme Court’s landmark order is a democratic victory! We welcome the decision of the Constitution Bench on the appointment of Election Commissioners and Chief Election Commissioner. Will of the people prevails over the ill-fated attempts of the oppressive forces.”
At a press conference on the apex court’s decision,
Aam Aadmi Party (AAP)’s national spokesperson Sanjay Singh called the move “significant, historic and worth welcoming”.
“This will help maintain fairness in the functioning of the EC,” he said.
Reacting to the order, former Chief Election Commissioner S Y Quraishi said on Twitter, “At last SC has clinched it. The demand has been pending for two decades. Good for the perception of neutrality of the Election Commission.”
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TMC MP Derek O’ Brien tweeted: “HUGE. So Extremely Compromised (EC) can again strive to become Extremely Competent (EC). (Reaction to historic Supreme Court direction for appointment of election commissioners.)”
Calling the decision a “landmark order”, Shiv Sena Rajya Sabha MP Priyanka Chaturvedi said, “A panel comprising PM, Leader of Opp/opposition leader of largest political party in Lok Sabha & the CJI for the top appointments in Election Commission. Earlier it was the PM recommending names to the President.”
Punjab Congress MP Manish Tewari spoke of the private member’s Bill he had introduced, which also sought the formation of a high-level committee headed by the Prime Minister and consisting of the Leader of the Opposition and the Chief Justice of India to select the Chief Election Commissioner and the Election Commissioners.
“Article 324 should be amended to give an impartial Election Commission superintendence over internal processes of registered National & State Political Parties in terms of my Private Member’s Bill.
Senior lawyer and activist Prashant Bhushan said: “The Constitution Bench of Supreme Court in a very historical judgement has directed that in future appointments of all election commissioners shall be done not by just the govt alone, but by a committee consisting of PM, LoP and CJI.”
Article 324 of the Constitution deals with the Election Commission. The provision states that while the Chief Election Commissioner and Election Commissioners will be appointed by the President, there is no specific legislative process on this issue.
The President makes the appointment on the advice of the Prime Minister.
The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 (EC Act) requires that the EC and CEC must hold the post for a period of six years. This law is essentially the conditions of service of the Chief Election Commissioner and other Election Commissioners.
(With PTI inputs)
