The Supreme Court has referred the challenge to the 2023 law on appointment of CEC and ECs to the CJI for consideration of a Constitution Bench. The law replaced the CJI with a Cabinet minister in the selection panel, raising concerns about executive influence. A split verdict between two judges led to the referral.
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- ›2023 Act: Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- ›Selection Committee: PM, Union Cabinet minister (nominated by PM), Leader of Opposition
- ›Target this Data: The 2023 Act replaced CJI with a Union Cabinet minister nominated by PM in the selection committee.
- ›Target this Nodal Body: Supreme Court Constitution Bench (under Article 145(3))
- ›Target this Legal Point: Article 324 of Constitution and Anoop Baranwal v. Union of India (2023)
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