Election Commission appointment law 2023: SC Challenge and Committee Issue

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)

Election Commission appointment law 2023
Election Commission appointment law 2023
PYQ – 2017, Ans – D
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