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CEC Removal Procedure Matches SC Judge; 2023 Act Appointment Panel Challenged Under Anoop Baranwal

PolityHIGH
Target:UPSC GS-IIMPSCTeachingSSC GAPrelims HighMains HighStatic GK Link
26 Sept 2026
~2 min
Source: The Hindu
Key Data:Article 324March 2023 (Anoop Baranwal judgment)2023 Act effective January 2024Judges (Inquiry) Act, 1968Division Bench split verdict (September 2026)
Bodies:Election Commission of IndiaSupreme Court of IndiaParliament of India
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What This Article Covers

1.CEC removal follows the same procedure as a Supreme Court judge: President can remove only after an address by each House with a special majority, under the Judges (Inquiry) Act, 1968.

2.The 2023 Act (Chief Election Commissioner and Other Election Commissioners Act) replaced the CJI with a Union Cabinet Minister in the selection committee for appointments, departing from the Anoop Baranwal (2023) mandate.

3.A Supreme Court Division Bench delivered a split verdict on whether the 2023 Act should be referred to a Constitution Bench, leaving the law's validity uncertain.

The Big Picture
Prelims · HighMains · High

Opposition demands CEC removal after leaked objections. CEC removal requires special majority in both Houses (same as SC judge), making it politically difficult. Meanwhile, the 2023 Act for appointing CEC/ECs, which replaced CJI with a Cabinet Minister, faces a split verdict in the Supreme Court. This touches Article 324, the Anoop Baranwal judgment, and independence of the Election Commission.

Exam Lens

Quick Exam Facts From News

Constitutional ArticleArticle 324 (ECI)
Appointment Committee (SC Mandate)PM + LoP + CJI
Appointment Committee (2023 Act)PM + LoP + Union Cabinet Minister
Removal Procedure SourceJudges (Inquiry) Act, 1968
Key JudgmentAnoop Baranwal v. Union of India (March 2023)
Enactment Date of 2023 ActEffective January 2024

1-Minute Revision

  • ›Constitutional Article: Article 324 (ECI)
  • ›Appointment Committee (SC Mandate): PM + LoP + CJI
  • ›Target this Constitutional Article: Article 324 – ECI establishment and powers
  • ›Target this Judgment: Anoop Baranwal v. Union of India (March 2023) – mandated PM+LoP+CJI panel until law enacted
  • ›Target this Act: Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 – replaced CJI with Cabinet Minister
  • ›Target this Removal Procedure: Same as SC judge under Judges (Inquiry) Act, 1968 – requires special majority in both Houses

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

Q1Static LinkageEasy

Which Act governs the procedure for removal of the Chief Election Commissioner of India?

Q2Statement-basedHard

Consider the following statements:

1. The 2023 Act replaced the Chief Justice of India with a Union Cabinet Minister in the selection committee for appointing CEC/ECs.

2. The Anoop Baranwal judgment prescribed that appointments be made on the recommendation of a committee consisting of the Prime Minister, the Leader of the Opposition, and the Chief Justice of India.

3. The CEC can be removed by a simple majority of Parliament.

Which of the statements given above is/are correct?

Q3Data-centricMedium

In which year did the Supreme Court deliver its judgment in the Anoop Baranwal case, mandating a new appointment procedure for CEC/ECs?

Q4Application/ImpactMedium

Why has the 2023 Act on appointment of CEC/ECs been challenged before the Supreme Court?

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