In Brief
In this landmark judgment on electoral governance, the Supreme Court holds that Article 324(2) contemplates mandatory legislation by Parliament on the appointment of Election Commissioners, which has never been enacted in over 70 years. Finding a constitutional vacuum, the Court directs that until Parliament legislates, the Chief Election Commissioner and Election Commissioners shall be appointed by a three-member committee comprising the Prime Minister, the Leader of Opposition in the Lok Sabha (or largest opposition party leader), and the Chief Justice of India. The judgment declares the right to vote a fundamental constitutional right flowing through multiple constitutional provisions. It extends Supreme Court Judge-level removal protections to all Election Commissioners and appeals to Parliament to establish an independent Secretariat with budget charged to the Consolidated Fund, affirming that Election Commission independence is essential for preserving democratic governance as a basic constitutional feature.
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