A plea filed in Supreme Court seeking independent collegiums for members of the election Commission

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A plea was filed in the Supreme Court on 17th May pursuing to appoint members of Election Commission through independent collegiums and not through the centre.

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The plea was filed by a NGO that said that the practice of the central government who appoint the members of the Election Commission (EC) violates Articles 14 and 324(2) of the Constitution.

Article 14 of the Constitution deals with Right to Equality and Article 324(2) gives the power to the President to appoint members of the EC.

The Association for Democratic Reforms has submitted in its petition that the appointment of members of the Election Commission is done “on the whims and fancies of the executive” and “violates the very foundation on which it was created, thus, making the Commission a branch of the executive”.

The plea further said that the poll body, besides being responsible for conducting free and fair elections, also carries out a “quasi judicial function between the various political parties”, including the ruling party.

The petition cited the 255th Law Commission Report that recommended that the appointment of Election Commission members should be made by the President in consultation with a three-member collegium or selection committee, consisting of the prime minister, the leader of Opposition of the Lok Sabha and the chief justice of India.