The Supreme Court raised strong concerns over the current process used to appoint the Chief Election Commissioner and Election Commissioners, questioning whether the system ensures true independence of the poll body.
The court examined the selection committee structure, which includes the Prime Minister, the Leader of Opposition, and a Union Cabinet Minister. The bench observed that the presence of a Cabinet Minister raises doubts over independent decision making, since voting patterns would likely result in a 2:1 outcome aligned with the executive.
The bench questioned the intent behind the existing framework and stressed the need for a selection system that reflects neutrality. It noted that public trust in the ECI depends on both actual independence and the appearance of independence in its functioning.
The court compared the process with other institutional appointments and raised questions on why an independent member is not part of the Election Commission selection panel. It also referred to the importance of free and fair elections as a core pillar of democracy and placed the appointment process within that context.
Petitioners argued that the current law allows political influence in appointments and weakens institutional neutrality. They also questioned the qualifications and selection criteria of current appointees, stating that experience alone does not ensure independence from executive influence.