PolityGS2

Supreme Court Refers EC Appointment Law Challenge to CJI

Indian Express·2026-09-24· Read original

"Supreme Court Refers EC Appointment Law Challenge to CJI"

Prelims Facts

  • •Article 324 vests the superintendence, direction and control of elections in the Election Commission of India.
  • •The Anoop Baranwal v. Union of India (2023) verdict created an interim selection committee of the Prime Minister, Leader of Opposition, and Chief Justice of India.
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Key Terms

Article 324

Constitutional provision vesting superintendence, direction and control of elections in the ECI.

Anoop Baranwal case

2023 Supreme Court verdict creating an interim EC appointment committee.

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Study Note

BackgroundCore Concept

Background

The Election Commission of India functions under Article 324 of the Constitution, which vests the superintendence, direction and control of elections to Parliament, State Legislatures, and the offices of President and Vice-President in the Commission. For decades, Parliament did not enact a law governing appointments to the Commission, even though Article 324(2) itself contemplated such a law. In practice, the President appointed the Chief Election Commissioner (CEC) and other Election Commissioners (ECs) purely on the advice of the Union Council of Ministers.

This gap was addressed by the Supreme Court in Anoop Baranwal v. Union of India (2023). The Court held that leaving appointments entirely to the executive threatened the Commission's independence, and it laid down an interim mechanism: a three-member selection committee comprising the Prime Minister, the Leader of Opposition in the Lok Sabha, and the Chief Justice of India. Parliament then enacted the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which retained the three-member structure but replaced the CJI with a Union Cabinet Minister nominated by the Prime Minister, giving the government two of the three seats.

A similar contest between executive control and institutional independence played out earlier in judicial appointments. The 99th Constitutional Amendment created the National Judicial Appointments Commission (NJAC), giving the political executive a decisive say in judicial appointments alongside the CJI and senior judges. The Supreme Court struck down the NJAC in 2015, holding that this composition compromised judicial independence, and restored the collegium system. The 2023 EC Act raises a comparable question: whether replacing a judicial member with a second executive nominee tilts the selection committee too far toward the government.

The Topic Explained

The core constitutional question is whether Article 324 requires the appointment process to be insulated from unilateral executive control, given the Commission's role as an umpire between political parties. The 2023 Act's committee consists of the Prime Minister, the Leader of Opposition, and a Union Cabinet Minister nominated by the Prime Minister. Because Cabinet Ministers are bound by collective responsibility, critics argue the Leader of Opposition's presence becomes symbolic rather than a genuine check, since the government effectively controls two of three votes.

One judge in the recent reference observed that the petitioners' claim of overwhelming executive influence over EC appointments does appear to have substance. …

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Related PYQs

2012GS1 Prelims

Consider the following statements:

1.Union Territories are not represented in the Rajya Sabha.

2.It is within the purview of the Chief Election Commissioner to adjudicate the election disputes.

3.According to the Constitution of India, the Parliament consists of the Lok Sabha and the Rajya Sabha only.

Which of the statements given above is/are correct?

A1 only
B2 and 3
C1 and 3
DNone
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2012GS1 Prelims

What is the provision to safeguard the autonomy of the Supreme Court of India?

1.While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India.

2.The Supreme Court Judges can be removed by the Chief Justice of India only.

3.The salaries of the Judges are charged on the Consolidated Fund of India to which the legislature does not have to vote.

Which of the statements given above is/are correct?

A1 and 2 only
B2 and 3 only
C1 and 3 only
D1, 2 and 3
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2019GS1 Prelims

Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past?

AFirst Administrative Reforms Commission (1966)
BRajamannar Committee (1969)
CSarkaria Commission (1983)
DNational Commission to Review the Working of the Constitution (2000)
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2017GS2 Mains

Critically examine the Supreme Court's judgement on 'National Judicial Appointments Commission Act, 2014' with reference to appointment of judges of higher judiciary in India.

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Practice MCQs

Polityhard

Match List-I (Body/Mechanism) with List-II (Key composition feature) and select the correct answer using the codes given below:

List-I:

A.Interim mechanism laid down in Anoop Baranwal (2023)

B.Selection committee under the CEC and Other ECs Act, 2023

C.National Judicial Appointments Commission (struck down in 2015)

List-II:

1.Includes the Chief Justice of India

2.Includes a Union Cabinet Minister nominated by the Prime Minister, but not the CJI

3.Includes the Union Law Minister and two eminent persons

AA-1, B-2, C-3
BA-2, B-1, C-3
CA-1, B-3, C-2
DA-3, B-1, C-2
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Politymedium

Consider the following statements regarding the appointment of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs):

1.The interim mechanism laid down in the Anoop Baranwal case (2023) included the Chief Justice of India as a member of the selection committee.

2.The CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023 retains the Chief Justice of India on the selection committee.

Which of the statements given above is/are correct?

A1 only
B2 only
CBoth 1 and 2
DNeither 1 nor 2
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Polityeasy

Article 324 of the Constitution of India deals with which of the following?

ASuperintendence, direction and control of elections vested in the Election Commission
BConstitution of the Finance Commission
CQualifications for membership of Parliament
DDistribution of legislative powers between the Union and the States
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Politymedium

Which of the following statements is correct regarding the adjudication of election disputes in India?

AThe Chief Election Commissioner has original jurisdiction to adjudicate disputes regarding the validity of an election
BElection disputes concerning Lok Sabha and State Assembly seats are adjudicated by High Courts through election petitions
CThe President of India adjudicates disputes relating to the election of Members of Parliament
DThe Union Cabinet decides disputes relating to elections to the offices of President and Vice-President
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Politymedium

The National Judicial Appointments Commission (NJAC), struck down by the Supreme Court in 2015, was introduced through which Constitutional Amendment?

A97th Amendment
B99th Amendment
C101st Amendment
D103rd Amendment
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