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.
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
- Tarkunde Committee (1975)
- Dinesh Goswami Committee (1990)
- 2nd ARC
- Law Commission (255th Report)
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.
