CEC Appointment Act 2023 Under Supreme Court Scrutiny | UPSC Polity

Context: CEC Appointment Act 2023

Supreme Court questioned whether Parliament properly debated the CEC & EC Appointment Act, 2023, which changed the appointment process of Election Commissioners and allegedly diluted the spirit of the Anoop Baranwal (2023) judgment.

CEC Appointment Act 2023
CEC Appointment Act 2023
PYQ – 2017, Ans – D

Constitutional Basis

  • Article 324 → Election Commission of India (ECI)
  • Article 324(2) → President appoints CEC & ECs, subject to parliamentary law
  • Article 324(5) → CEC removable like SC judge; ECs removable only on CEC recommendation

Before 2023

  • No parliamentary law on appointments.
  • Appointments effectively controlled by Union Executive/PM.

Concern: Executive dominance over ECI.

Committees Supporting Independent Appointment

Anoop Baranwal vs Union of India (2023)

SC held free & fair elections are part of Basic Structure.

Interim Selection Committee:
PM | LoP | CJI

Aim: Reduce executive control till Parliament makes a law.

Parliament’s 2023 Act

Chief Election Commissioner and Other Election Commissioners Act, 2023

New Selection Committee:
PM | LoP | Cabinet Minister nominated by PM

Major Change: CJI removed → Executive regains majority.

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