EC needs to protect right to vote, not merely constitutional but fundamental right: SC

The Supreme Court on Thursday said there is a need to ensure that the working of the Election Commission (EC) under Article 324 of the Constitution facilitated the protection of people’s voting rights.

Read | SC to pronounce judgement on March 2 on plea for independent mechanism for ECs' appointment

"Now that we have held that the right to vote is not merely a constitutional right, but a component of Part III (fundamental right) of the Constitution as well, it raises the level of scrutiny on the working of the Election Commission of India, which is responsible for conducting free and fair elections. It is a question of constitutional as well as fundamental rights," Justice Ajay Rastogi wrote.

In his separate and concurring judgement on forming a panel of PM, LoP and CJI for appointment of CEC and ECs, the judge also said it is desirable that the grounds for removal of the Election Commissioners should be the same as that of the Chief Election Commissioner like a Supreme Court judge through impeachment process.

The grounds for removal of ECs should be such as a judge of the SC, subject to the “recommendation of the Chief Election Commissioner” as provided under the second proviso to Article 324(5) of the Constitution, he added.