The Supreme Court on Thursday ruled that the chief election commissioner and the election commissioners should be appointed by the President on the basis of the advice of a high-powered committee made up of the Prime Minister, leader of the Opposition and the Chief Justice of India.

The ruling by a five-judge constitution bench strips the Centre of the current absolute power in such appointments.

The bench, headed by Justice K.M. Joseph, made a fervent appeal to Parliament to create a permanent secretariat for the Election Commission of India for charging its expenditure to the Consolidated Fund of India to ensure it becomes truly independent.

“We declare that as far as the appointment to the posts of the Chief Election Commissioner and the election commissioners are concerned, the same shall be done by the President of India on the basis of the advice tendered by a committee consisting of the Prime Minister of India, the leader of the Opposition in the Lok Sabha and, in case there is no such leader, the leader of the largest party in the Opposition in the Lok Sabha having the largest numerical strength, and the Chief Justice of India.

“This norm will continue to hold good till a law is made by Parliament,” said the bench, which included Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and C.T. Ravikumar.

“As regards the relief relating to putting in place a permanent secretariat for the Election Commission of India and charging its expenditure to the Consolidated Fund of India, the court makes a fervent appeal that the Union of India/Parliament may consider bringing in the necessary changes so that the Election Commission of India becomes truly independent,” the bench said.

“There cannot be any doubt that the Election Commission of India is to perform the arduous and unenviable task of remaining aloof from all forms of subjugation by and interference from the executive. One of the ways in which the executive can bring an otherwise independent body to its knees is by starving it off or cutting off the requisite financial wherewithal and resources,” the court said.

One of the senior judges on the bench, Justice Rastogi, said in a separate judgment that the election commissioners can be removed only through impeachment in Parliament, on a par with the judges of the Supreme Court and high courts.

However, the other four judges left the task of granting immunity to the election commissioners to the wisdom of Parliament.