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SC Refers 2023 CEC Appointment Law to CJI for Constitution Bench; Excludes CJI from Selection Panel

PolityCORE
Target:UPSC GS-IIMPSCTeachingSSC GAPrelims HighMains HighStatic GK Link
23 Sept 2026
~2 min
Source: Indian Express
Key Data:2023 ActAnoop Baranwal case 2023Article 324Article 145(3)Split verdict
Bodies:Supreme CourtElection Commission of IndiaCJIParliament
Practice MCQs from today's news ▸
What This Article Covers

1.The 2023 law on CEC/EC appointments excludes CJI from selection committee, replacing with a Union Cabinet minister nominated by PM.

2.A two-judge SC bench split on whether to refer the constitutional challenge to a larger bench; both agreed to place it before CJI.

3.The case traces back to Anoop Baranwal (2023) where SC mandated an independent selection mechanism until Parliament enacts a law.

The Big Picture
Prelims · HighMains · High

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.

Exam Lens

Quick Exam Facts From News

2023 ActChief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
Selection CommitteePM, Union Cabinet minister (nominated by PM), Leader of Opposition
Anoop Baranwal CaseMarch 2023 Constitution Bench

1-Minute Revision

  • ›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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Practice exam-style questions, track your score, and strengthen your recall.

Q1Static LinkageEasy

Which Article of the Constitution provides for the establishment and powers of the Election Commission of India?

Q2Statement-basedHard

Consider the following statements:

1. The 2023 Act on CEC appointment replaced the Chief Justice of India with a Union Cabinet minister in the selection committee.

2. The Anoop Baranwal case was decided by a two-judge bench of the Supreme Court.

3. Justice Datta held that the petitions could be decided by the present bench itself without referring to a Constitution Bench.

Which of the statements given above is/are correct?

Q3Data-centricEasy

How many members constitute the selection committee for CEC and ECs under the 2023 Act?

Q4Application/ImpactMedium

What was the primary concern raised by Justice Datta regarding the selection committee under the 2023 Act?

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