Today, the supreme Court give the massive order to change the procedure of the appointment of Election Commission. The supreme court panel had 5 judges led by Justice KM Joseph.  The five judges. On the last of hearing the supreme court observed the appointment of Arun Goel as election Commission on November 18 with a lighting speed. the whole appointment procedure takes less than 24 hours.

Earlier The appointment process for the Chief Election Commissioner and other Election Commissioners is governed by Article 324 of the Constitution of India. The President of India appoints the Chief Election Commissioner and other Election Commissioners on the recommendation of the Prime Minister and in consultation with the Chief Justice of India or a judge of the Supreme Court nominated by the Chief Justice of India.

The appointment of the Chief Election Commissioner and Election Commissioners is made for a term of six years or until they attain the age of 65 years, whichever is earlier. The Chief Election Commissioner and Election Commissioners can be removed from their office only through impeachment by Parliament on the grounds of proven misbehaviour or incapacity.

Know the PIL in this case

The PIL was filed in 2018 by the Association for Democratic Reforms (ADR), a non-governmental organization focused on electoral and political reforms. The PIL sought directions to the central government to enact a law regulating the appointment of the CEC and ECs.

The ADR argued that the current appointment process lacks transparency and accountability, and that a statutory framework is necessary to ensure that the appointments are made in a fair and impartial manner. The PIL also sought directions to the central government to establish a collegium system for the appointment of the CEC and ECs, similar to the system used for the appointment of judges to the Supreme Court and High Courts.

The Supreme Court, however, dismissed the PIL in 2019, stating that it was a policy matter that fell within the domain of the executive and legislative branches of government, and that the court could not interfere in such matters unless there was a violation of fundamental rights or a constitutional provision.

Despite this ruling, there continue to be calls from various quarters for a more transparent and accountable appointment process for the CEC and ECs.

Judgement

Today, the supreme Court five judge Panel led by Chief Justice KM Joseph take a big decision to change the procedure of appointment of chief election commission and Election Commission. The Verdict given by the supreme Court said “the appointment of Election Commissioners will be appointed by a panel including the Prime Minister, the Leader of Opposition and the Chief Justice of India, in a landmark verdict aimed at “maintaining the purity of elections. Elections should undoubtedly be fair and the buck stops with the Election Commission of India to ensure its purity is maintained”.

The Judgement also include” In democracy, the purity of elections must be maintained or else it would lead to disastrous consequences”.