Supreme Court To Hear Plea Seeking Reforms In The Process Of Appointment Of Members of the Election Commission on 17th November 2022

Advocate, Mr. Prashant Bhushan appearing on behalf of the petition in the lead matter apprised the Bench comprising Justices K.M. Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and C.T. Ravikumar that at present the Government appoints the members of the ECI. He submitted that considering the fact that the ECI 'is supposed to be a neutral organisation, the petitioner suggests that the committee comprising the Prime Minister, Leader of Opposition and the Chief justice of India, that is constituted for selection of Director of Central Bureau of Investigation, can also be entrusted with the selection of members of the ECI. Mr. Bhushan added that reports of various commissions also make the same or similar recommendation. It was asserted that even the Constitution contemplates that the appointment would be with the President till the time a law regarding the same is put in place. He stated that in the Constituent Assembly Dr. Ambedkar had said that it is not proper to leave the appointment of the members of the ECI with the Government.

Senior Advocate, Mr. Gopal Sankaranarayanan appearing on behalf of the petitioner, Advocate Ashwini Upadhyay, in the connected matter submitted that his client has raised three supplementary issues - protection given to Election Commissioners apart from the Chief Election Commissioner of India; devoted secretariat for Election Commission; its draw being on the consolidated fund.

Mr. Bhushan informed the Bench that another similar petition has been filed recently. But considering the fact that interim relief has been sought, the said petition was not tagged with the present batch.

As the date for hearing the matter was being fixed, Mr. Sankaranarayanan apprised the Bench that in the last order of the Apex Court, the Attorney General was asked to assist in the matter. In view of the same, his convenience may also be sought. The Solicitor General submitted that the Attorney General has asked ASG, Balbir Singh and the SG to assist the Court.

The matter was referred to the Apex Court as a Division Bench of the Apex Court was of the view that 'a close look and interpretation of the provisions of Article 324 of the Constitution of India', which states superintendence, direction and control of elections to be vested in the Election Commission, may be required.

[Case Status: Anoop Baranwal v. Union of India WP(C) No. 104/2015]