Supreme Court Issues Notice On Plea Seeking Independent Mechanism To Appoint Election Commissioners

The Supreme Court on Monday issued notice on a plea challenging the constitutional validity of the practice of Union of India and Election Commission of India in appointing the members of the Election Commission as being violative of Article 14, 324(2) and the basic features of the Constitution.

A bench comprising of Justices Ajay Rastogi and B. V. Nagarathna was considering a petition filed by the NGO Association for Democratic Reforms. Advocate Prashant Bhushan appeared for the petitioner.

It was pointed in the petition that, "the Law Commission of India in its report no. 255 on the Electoral Reform recommended that the appointment of all the Election Commissioner should be made by the President in consultation with a three-member collegium or selection committee, consisting of the Prime Minister, the Leader of the Opposition of the Lok Sabha and the Chief Justice of India."

Therefore, a direction was sought to to implement an independent system for appointment of members of the Election Commission on the lines of recommendation of the 255th Law Commission.

The Petition before the Court raised the question on the practice of appointment of Chief Election Commissioner and Election Commissioner as it is done solely by the executive and is incompatible with Article 324(2). It was stated in the petition that Article 324(2) of the Constitution mandates Parliament to make a just, fair and reasonable law.