The ruling political party decides the appointment of election commissioners! To change this system was a constant demand of democrats who wanted things to be done impartially. But no central governments so far were ready for it. All the governments wanted ones who were loyal to their party and front to come to those positions. That is why they were not ready to change their appointment method.
The job of the commission is not only to conduct elections impartially. The commission also takes a decisive decision on disputes regarding the official status and symbols of the parties. Along with this, the commission also has the power to seize black money during elections. In order for the commission to work in such a way that the people can be convinced that this is done with complete impartiality, their appointment process should be transparent and merit-based. Although officials are not supposed to be political, a large number of high-ranking officials have turned to political allegiance for survival. Many important positions come to them after retirement as part of such loyalty. The Supreme Court rectified this inappropriate practice in the historic judgment.
The order of the five-member bench chaired by KM Joseph is that a three-member committee comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of the Supreme Court should be appointed for the appointment of election commissioners from now on. Former Chief Election Commissioner SY Qureshi welcomed the verdict saying that the Election Commission itself had raised the same demand for the past 20 years but nothing was done. Impeachment proceedings to change judges are necessary. Even if a person who is a favorite of the ruling party gets into that position and takes decisions biased against other parties, nothing can be done as long as it is in the interest of the ruling party. At the same time, the government has the right to change the members of the Election Commission on the recommendation of the Chief Election Commissioner. When that happens, even the power of the members to disagree with the Chief Election Commission is limited.
The Election Commission, which takes an honest stand without fearing anyone, can remove candidates with a criminal background as much as possible. It was during the tenure of TN Seshan as the Election Commission that people realized that the Commission had such powers. Experts criticizing the verdict point out that this verdict has been given in an area where the Supreme Court has no jurisdiction, and that only Parliament has the right to take a decision in this regard. The Supreme Court intervened and stopped the arrangement that has been deceiving the framers of the constitution for seven decades. Not only is this not wrong, but it will lead to the protection of constitutional values. As the Supreme Court has clarified that the collegium system should continue till the Parliament enacts a new law, it makes no sense to interpret this judgment as an encroachment on the power of the Parliament.