PolityGS2

Supreme Court to Revisit Election Commissioners' Appointment Law

Indian Express·2026-09-26· Read original

"Supreme Court to Revisit Election Commissioners' Appointment Law"

Prelims Facts

  • •Article 324 vests the Election Commission of India with superintendence, direction and control of elections to Parliament, State Legislatures, President and Vice-President.
  • •In Anoop Baranwal v. Union of India (2023), the Supreme Court prescribed an interim committee of the Prime Minister, the Leader of Opposition, and the Chief Justice of India for EC appointments.
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Key Terms

Constitution Bench

A Supreme Court bench of at least five judges formed to decide substantial questions of constitutional law.

Collegium system

The judiciary's own mechanism for appointing judges through consultation among senior judges.

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Study Note

BackgroundCore Concept

Background

Article 324 vests the Election Commission of India with the power of superintendence, direction and control over elections to Parliament, State Legislatures, and the offices of President and Vice-President. Article 324(2) itself expected Parliament to make a law governing appointments to the Commission, but for nearly seven decades no such law existed. The President appointed the Chief Election Commissioner (CEC) and other Election Commissioners (ECs) solely on the advice of the Union Council of Ministers, leaving the entire process in executive hands.

This gap was addressed in Anoop Baranwal v. Union of India (2023), where a Constitution Bench held that appointments could not remain under exclusive executive control. It devised an interim mechanism: a three-member committee of the Prime Minister, the Leader of Opposition, and the Chief Justice of India, to hold until Parliament legislated. The reasoning echoes a worry the Constitution's framers themselves raised, that an Election Commissioner could become a person under the thumb of the executive. The same anxiety about unchecked power runs through wider constitutional doctrine: courts have held that unguided and uncontrolled discretionary power granted to an executive authority, without legal norms or institutional checks, offends Article 14's guarantee against arbitrariness. The demand for a neutral, detached appointee in institutional design is also not new; the Sarkaria Commission had decades earlier recommended that Governors be appointed as non-political, detached figures, precisely to avoid the perception that a constitutional office is filled to suit the appointing executive.

Parliament responded quickly, enacting the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. It retained a three-member committee but replaced the Chief Justice of India with a Union Cabinet Minister nominated by the Prime Minister, giving the government effective control of two of the three seats.

The Topic Explained

The 2023 Act's selection committee now comprises the Prime Minister as chairperson, the Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister. This invites direct comparison with how judicial appointments work. Under the collegium system, appointments to the Supreme Court and High Courts rest with a group of senior judges, with the executive's role limited to consultation. When Parliament tried to introduce direct executive representation into judicial appointments through the 99th Constitutional Amendment and the National Judicial Appointments Commission, the Supreme Court struck the arrangement down in 2015 for compromising judicial independence. …

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Related PYQs

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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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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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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2021GS1 Prelims

A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of application of law violates which one of the following Articles of the Constitution of India?

AArticle 14
BArticle 28
CArticle 32
DArticle 44
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2022GS2 Mains

Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under The Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void? What remedy is available to the aggrieved party against the decision? Refer to the case laws.

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2022GS2 Mains

Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct.

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Practice MCQs

Politymedium

Consider the following statements about the appointment of the Chief Election Commissioner (CEC): 1. The interim committee prescribed in Anoop Baranwal v. Union of India (2023) included the Chief Justice of India. 2. The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 retained the Chief Justice of India in the selection committee. 3. The CEC can be removed only in the same manner as a Supreme Court judge. Which of the statements given above is/are correct?

A1 and 3 only
B2 and 3 only
C1 only
D1, 2 and 3
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Politymedium

With reference to the functions of the Election Commission of India, consider the following statements: 1. It adjudicates disputes regarding the validity of an election of a returned candidate. 2. It determines the election schedule, including dates of nomination and polling. 3. The Chief Election Commissioner can be removed by the President in the same manner as a Supreme Court judge. 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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Politymedium

Match List I with List II:

List I:

1.Anoop Baranwal v. Union of India

2.NJAC case (2015)

3.Sarkaria Commission (1983)

4.Mohinder Singh Gill v. Chief Election Commissioner (1978)

List II:

A.Recommended Governors be detached, non-partisan appointees

B.Struck down the 99th Constitutional Amendment for compromising judicial independence

C.Prescribed an interim PM-LoP-CJI committee for EC appointments

D.Held that wide unchecked discretion is fraught with tyrannical potential

Select the correct combination:

A1-C, 2-B, 3-A, 4-D
B1-B, 2-C, 3-D, 4-A
C1-A, 2-D, 3-C, 4-B
D1-D, 2-A, 3-B, 4-C
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Polityeasy

Which article of the Constitution has been interpreted by courts to prohibit conferment of unguided and uncontrolled discretionary power on an executive authority?

AArticle 14
BArticle 19
CArticle 21
DArticle 32
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Polityhard

Assertion (A): A parliamentary law enacted to override the effect of a Supreme Court judgment does not, by itself, make the underlying constitutional question a new question of law.

Reason (R): Under Article 141, the law declared by the Supreme Court is binding on all courts in India, and a court must apply a settled principle to new facts unless a genuinely new question of interpretation arises.

Which one of the following is correct?

ABoth A and R are true and R is the correct explanation of A
BBoth A and R are true but R is not the correct explanation of A
CA is true but R is false
DA is false but R is true
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