1. Context
• Petitions challenge the Chief Election Commissioner (CEC) and Election Commissioners (ECs) Appointment Act, 2023
• Issue: composition of selection committee
• Case shifted by CJI Surya Kant due to conflict of interest
2. Constitutional Basis + Pre-2023 Practice
• Article 324 → President appoints CEC & ECs subject to law by Parliament
• No law existed → appointments by Executive (Council of Ministers) → Executive dominance
3. Anoop Baranwal Case (2023)
To ensure independence of Election Commission of India (ECI), SC created interim committee: • Prime Minister (PM)
• Leader of Opposition (LoP) (Lok Sabha; if absent, largest opposition leader)
• Chief Justice of India (CJI)
→ Balanced body
4. Parliament’s Law (2023 Act)
CEC and ECs Appointment Act, 2023
New committee: • PM + LoP + Union Cabinet Minister (nominated by PM)
→ CJI removed → Executive majority (2/3)
5. Why Challenged
• Affects independence of ECI
• Dilutes Anoop Baranwal judgment
• Violates free & fair elections (basic structure)
