ECI members, to be appointed by the President on advice of PM, CJI and leader of opposition in Lok Sabha, says Supreme Court

On March 2, 2023, the Constitution bench of the Supreme Court ordered that the members of the ECI (Election Commission of India) would be appointed by the President on the advice of a committee. The members of the committee include the Prime Minister (PM), the Chief Justice of India (CJI), and the leader of Opposition in the Lok Sabha. The bench was hearing a batch of petitions regarding the reformation of the appointment process of ECI members or Election Commissioners. Justices Ajay Rastogi, Hrishikesh Roy, KM Joseph, CT Ravikumar, and Aniruddha Bose were hearing the matter today. The petitions highlighted that “Any process that seeks to improve the election process before this Court must be considered.” 

During the hearing, the Supreme Court addressed various petitions challenging the appointment system for ECI members and noted that despite several political parties in power there was no appropriate law or process to appoint the members of the Election Commission of India. The bench also highlighted that it is an unavoidable necessity to make a law under Article 324(2) of the Indian Constitution. Article 324(2) states that “The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.”  

After a discussion on the matter, the Supreme Court said that “The Election Commissioners will be appointed by the President of India on the advice of a committee consisting of the Prime Minister (PM), and leader of Opposition in Lok Sabha, or leader of largest opposition party in cases where there is not enough numerical strength for a leader of opposition, and the Chief Justice of India (CJI).” The bench further added, “This law will continue to hold good until a law is made by Parliament. The Court asks the government to make a necessary change with regard to funding of the Election Commission from the Consolidated Fund of India and the need for separate Secretariat.”