The SC on appointment of Chief Election Commissioner and Election Commissioners

The Supreme Court questioned the Centre on the procedure to appoint the Chief Election Commissioner and Election Commissioners, asking why no law or statute was in place to guide such appointments.
A bench comprising Chief Justice JS Khehar and Justice DY Chandrachud said that Article 324 of the Constitution provides that the appointments of the CEC and the ECs be made as per the enabling law, but the law has not been enacted so far.
The Bench pointed out that there is a “gap” due to the lack of a parliamentary law which transparently spells out the eligibility, criteria required for a person to be an election commissioner.
The Election Commission should have people neutral to all political parties, it said. “Parliament has not made any law. Your (government’s) only explanation is that competent people have been appointed from time to time.”
“The expectation is that Parliament will make the law. If the law has not been made then can the court lay down the procedures,” the bench asked Solicitor General Ranjit Kumar, representing the Centre.

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