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

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.