Election Commission is an important constitutional body.It needs to be insulated against executive interference for it to functional independently.
The court emphasized the importance of institutional integrity over personal integrity while recommending a candidate for a constitutional post. The selection process for the post of election commissioner cannot be equated with that of a bureaucratic functionary, and the Executive cannot be left with the exclusive discretion to select the candidate, as it may destroy the fabric of the constitutional institution.
The court can frame guidelines till the legislature steps in. In the absence of any law made by the Parliament for the appointment of members of the Election Commission, the court laid down guidelines to govern the process of selection and removal of Chief Election Commissioner and Election Commissioners. It was concluded that the office of Chief Election Commissioners as well as the Election Commissioners must be insulated from executive interference for the Election Commission to function independently as a constitutional body.
The election commisioners shall be appointed by a committee consisting of the Prime Minister, Leader of the Opposition and the Chief Justice of India.
ANOOP BARANWAL … PETITIONER
VERSUS
UNION OF INDIA … RESPONDENT on March 2, 2023