SC verdict on pleas for independent mechanism to appoint Election Commissioners on Thursday

The Supreme Court will deliver judgment on Thursday on a batch of petitions seeking a collegium-like system for the appointment of Election Commissioners (ECs) and the Chief Election Commissioner (CEC).

A constitution bench, headed by Justice K.M. Joseph and comprising Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and C.T. Ravikumar had reserved judgment in the matter on November 24, 2022. According to the causelist, two judgments, each by Justices Joseph and Rastogi, will be pronounced at 10.30 a.m. on Thursday in the matter.

During the arguments, Attorney General R. Venkataramani had told the Supreme Court that if it were to begin to doubt every step taken by the government in the process of appointment of the Election Commissioner, then it has implications on the integrity and independenceA of the institution.

The five-judge constitution bench, headed by Justice Joseph, had then shot a volley of questions at the country's top law officer in connection with the appointment of Election Commissioner Arun Goel. It posed some critical questions to the AG in connection with Goel's appointment: what deliberation could have been done to finalise his name within 24 hours, same day clearance, same day process completed, and the appointment was made not even in 24 hours.

The Centre had, however, maintained that there is no trigger point for the Supreme Court to interfere in the appointment process of the Election Commissioner.

After hearing detailed arguments, the Supreme Court reserved the judgment on a batch of petitions seeking a collegium-like system for the appointment of the ECs and the Chief Election Commissioner (CEC).

During the hearing, the Supreme Court had told the Centre that it wants to see the files relating to the recent appointment of Goel as the Election Commissioner and emphasised that it wants to see by what mechanism, "he was picked up", and "there is no danger to produce it (files)".