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Chief Election Commissioner, Election Commissioners : Appointment By President On Advise Of Prime Minister, CJI, LOP Lok Sabha ; Rules SC
Supreme Court has ruled that appointment of the Chief Election Commissioner and elections commissioners will be done by the President on the advise of a committee comprising the prime minister, leader of opposition in the Lok Sabha and the Chief Justice of India.
A five-judge Constitution bench headed by Justice KM Joseph, in a unanimous verdict, held that this norm will continue to hold good till a law on the issue is made by Parliament.
The apex court said if the leader of opposition in the Lok Sabha is not there, then leader of the single largest opposition party will be in the committee to appoint the Chief Election Commissioner and elections commissioners.
The bench delivered its verdict on a batch of pleas seeking a collegium-like system for the appointment of election commissioners and the Chief Election Commissioner.
The bench, also comprising Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar, stressed on purity in the election process and said democracy is intrinsically linked to the will of people.