The Supreme Court has observed that the political parties in power at centre force the Chief Election Commissioners (CEC) to negotiate for remaining in power.
The Court said that this in turn compromises the independence of the Election Commission.
A Constitution bench headed by Justice KM Joseph with other judges like Justice Ajay Rastogi, Justice Aniruddha Bose, Justices Hrishikesh Roy and Justice CT Ravikumar said that there have been many CECs with a short tenure in past.
Justice Joseph said that since 2015 we have had so many CECs. It could be said that with a truncated tenure, they are making them do their bidding. Same during UPA government.
The Court further said the person who takes charge as the CEC should be someone who cannot be bulldozed as the responsibility is enormous on the shoulders of the CEC.
The Court named the former CEC TN Sheshan who had introduced electoral reforms and made the Election Commission and robust institution as a reference.
The Court has also suggested that Chief Justice of India should also be a part of the committee of the Chief Justice in the committee appointing CEC.
The Apex Court said that we need someone with character, someone who does not allow himself to be bulldozed. So the question is who will appoint this person? The point is the least intrusive will be a system when there is a presence of the Chief Justice in the appointment committee.
The Court said this during a hearing where appointing members of the ECI was challenged on the ground that the executive enjoys the power to make appointments in violation of Article 342(2) of the Constitution of India.
The hearing in the matter will continue today as well