The Supreme Court observations on the PIL challenging the constitutionality of appointing election commissioners show that the bench is not satisfied with the current process as the government unilaterally makes the appointment. . The constitution empowers the government to appoint election commissioners, general controllers and auditors. In the 1990s, however, recognition posed that bipartisanship would be better at appointing such independent bodies after the Supreme Court established the Center’s powers to select CBI director.
Now, the CBI director, Central Commissioner of Police and Lokpal members are all appointed through a bipartisan selection committee that includes the Prime Minister, the Leader of the Opposition and the Chief Justice. Following a similar process for the Electoral Commission would only be considered fair and reasonable when the EC has the heavy duty of conducting elections and leveling the playing field for all political parties. . The big question is whether the SC should decide the appointment process or Parliament.
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