"Supreme Court Refers CEC Appointment Law Challenge to CJI"
Article 324
Constitutional provision vesting superintendence, direction, and control of elections in the Election Commission of India.
Chief Election Commissioner (CEC)
Head of the Election Commission, removable only like a Supreme Court judge under Article 324(5).
Article 324 of the Constitution gives the Election Commission of India (ECI) the power to superintend, direct, and control elections to Parliament, State Legislatures, and the offices of President and Vice-President. Article 324(2) allows the President, through parliamentary law, to vary the number of Election Commissioners. The ECI currently has three members. For decades, no parliamentary law governed how these members were appointed. The President appointed the Chief Election Commissioner (CEC) and other Election Commissioners purely on the advice of the Union Council of Ministers, leaving the process entirely in executive hands.
The ECI was originally a single-member body. It became a genuinely multi-member institution only between 1989 and 1993, after disputes over the distribution of power between the CEC and additional Election Commissioners reached the Supreme Court. Since then, the ECI has functioned as a collegial body. The CEC is described as "first among equals," not superior to the other Election Commissioners. Decisions are meant to be taken by consensus or majority among all three members.
Appointments remained an executive prerogative until the Supreme Court intervened in Anoop Baranwal v. Union of India (2023). A Constitution Bench held that appointments could not remain under exclusive executive control. It laid down an interim mechanism: a three-member committee of 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. This law kept the three-member committee structure but replaced the Chief Justice of India with a Union Cabinet Minister nominated by the Prime Minister.
The CEC and Other Election Commissioners Act, 2023 sets out the appointment process in detail. The selection committee now consists of the Prime Minister, the Leader of the Opposition, and one Union Cabinet Minister nominated by the Prime Minister. This gives the government two of the three seats on the committee. Candidates must have held secretary-level rank in the Government of India and must be persons of integrity with experience in election management.
Removal of the CEC is deliberately made very difficult. Article 324(5) states the CEC can be removed only "in like manner and on the like grounds as a Judge of the Supreme Court." This protection is also reflected in Section 11(2) of the 2023 Act. In practice, this means removal requires an address by both Houses of Parliament, passed by a special majority, on grounds of proven misbehaviour or incapacity. …
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?
Who amongst the following are members of the Jury to select the recipient of 'Gandhi Peace Prize'?
I.The President of India
II.The Prime Minister of India
III.The Chief Justice of India
IV.The Leader of Opposition in the Lok Sabha
Select the correct answer using the code given below.
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?
Consider the following statements regarding the removal of members of the Election Commission of India:
1.The Chief Election Commissioner can be removed only through a process similar to that for removing a Supreme Court judge.
2.Other Election Commissioners can be removed by the President only on the recommendation of the Chief Election Commissioner.
Which of the statements given above is/are correct?
With reference to the Election Commission of India, which of the following statements is correct?
Consider the following statements about the interim mechanism laid down in Anoop Baranwal v. Union of India (2023) for appointing the Chief Election Commissioner and Election Commissioners:
1.The selection committee comprised the Prime Minister, the Leader of Opposition in the Lok Sabha, and the Chief Justice of India.
2.This mechanism was to operate only until Parliament enacted a law under Article 324.
3.The Chief Election Commissioner and Other Election Commissioners Act, 2023 retained the Chief Justice of India as a member of the selection committee.
How many of the above statements are correct?
Match List I (Selection/Appointment Body) with List II (Composition) and select the correct answer using the code given below:
List I:
1.Selection Committee under the CEC and Other ECs Act, 2023
2.National Judicial Appointments Commission (struck down in 2015)
3.Supreme Court Collegium
4.Gandhi Peace Prize Jury
List II:
A.Chief Justice of India + four senior-most Supreme Court judges
B.Prime Minister + Union Cabinet Minister nominated by PM + Leader of Opposition
C.Chief Justice of India + two senior judges + Union Law Minister + two eminent persons
D.Prime Minister + Chief Justice of India + Leader of Opposition in Lok Sabha
A Constitution Bench of the Supreme Court of India, deciding a substantial question of law involving interpretation of the Constitution under Article 145(3), must consist of a minimum of how many judges?
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