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Context: Reports of the CEC and the ECs attending an informal meeting with the Principal Secretary to the Prime Minister last year has brought the focus on the independence and the impartiality of the ECI. Need for changes in the appointment process
Article 324(2) contains a ‘subject to’ clause which provides that both the number and tenure of the ECs shall be “subject to provisions of any law made in that behalf by Parliament, be made by the President.”
Violation of Article 14 and 324: Three Writ Petitions, with one pending since 2015, are urging the Supreme Court to declare that the current practice of appointment of ECs by the Centre violates Article 14, Article 324(2), and Democracy as a basic feature of the Constitution.
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