The Supreme Court's two-judge bench split on whether to refer the challenge to the 2023 CEC Appointment Act to a Constitution Bench. Justice Datta held that the Anoop Baranwal principle (appointments free from exclusive executive control) is binding, while the specific committee composition (including CJI) was advisory; thus the challenge raises only application, not interpretation. Justice Sharma disagreed, citing need for independent examination. This debate is crucial for understanding the constitutional independence of the Election Commission.
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- ›Case (Year): Anoop Baranwal (2023)
- ›Act: CEC and other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023
- ›Target this Data: 2023 Act replaced CJI with Cabinet Minister in selection committee.
- ›Target this Case: Anoop Baranwal (2023) – principle vs prescription distinction.
- ›Target this Article: Article 324(2) – appointments subject to law made by Parliament.
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