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'EC to remain aloof from Executive', SC orders panel of PM, LoP, CJI to make appointment of CEC, ECs

By Lawstreet News Network      Mar 02, 2023      0 Comments      365 Views
'EC to remain aloof from Executive', SC orders panel of PM, LoP, CJI to make appointment of CEC, ECs

NEW DELHI: The Supreme Court on Thursday declared that a panel of Prime Minister, Leader of Opposition and Chief Justice of India would make appointment to the post of Chief Election Commissioner and Election Commissioners until a law is put in place.

A five-judge bench headed by Justice K M Joseph democracy can succeed only if all stakeholders work on to maintain purity of the election process to reflect will of the people.

The court noted lacuna in the process of appointment poll panel under Article 324 of the Constitution.

"The EC should remain aloof from all sorts of interference by the Executive. A vulnerable EC would result in insidious situation," the bench said.

"A person in state of obligation to the State cannot have an independent frame of mind," the bench added.

The bench, also comprising Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and C T Ravikumar passed the judgement unanimously on petitions filed by Anoop Baranwal, Ashwini Kumar Upadhyay, NGO Association for Democratic Reforms and Dr Jaya Thakur seeking an independent mechanism for appointment of CEC and ECs.

Justice Rastogi pronounced separate and concurring judgement.

The copy is to be updated with detailed judgement.

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