The Chief Justice of India should never be part of the committee selecting the Election Commissioner. That would be in conflict with the concept of separation of powers between the executive and the judiciary. The demand to include the Chief Justice in the appointment committee is an absurd proposition.
It is equally absurd for the committee to consist of a Minister nominated by the Prime Minister, who currently is the Home Minister, as the third member besides the Leader of the Opposition. The electoral process is sacrosanct, and the Chief Election Commissioner, like a judge, should be like Caesar’s wife—above suspicion.
Regardless of whether the allegations against the Chief Election Commissioner are true or false, given that his integrity has been questioned, he should ideally resign gracefully. The law should be amended to include a third person who is jointly nominated by the Prime Minister and the Leader of the Opposition.
This committee—comprising the Prime Minister, the Leader of the Opposition, and a third member jointly selected by both—should form the panel to choose the Chief Election Commissioner and other Election Commissioners. Should the Prime Minister and the Leader of the Opposition fail to reach an agreement on the third person, the Deputy Chairman of the Rajya Sabha or the Speaker of the Lok Sabha could serve as that third member.