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SC Questions Neutrality of PM-Led Election Commissioner Appointments Panel Under 2023 Act

PolityCORE
Target:UPSC GS-IIMPSCSSC GATeachingPrelims HighMains HighStatic GK Link
14 May 2026
~2 min
Source: The Hindu
Key Data:2023Article 324(2)Article 141Article 145(3)
Bodies:Supreme CourtElection Commission of India
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What This Article Covers

1.The Supreme Court questioned the independence of the PM-led selection committee for Election Commissioners, as mandated by the 2023 Act, suggesting the Leader of the Opposition might have an 'ornamental' role.

2.The 2023 Act, challenged in court, replaced the Chief Justice of India on the selection panel with a Cabinet Minister nominated by the Prime Minister, a move petitioners argue defeats a 2023 Constitution Bench judgment.

3.Justice Dipankar Datta emphasized that election laws occupy the 'pride of place' after the Constitution, and the Election Commission must not only be independent but also appear to be independent.

The Big Picture
Prelims · HighMains · High

The Supreme Court has raised serious concerns about the independence of the Election Commission, questioning the neutrality of the appointment panel formed under the 2023 Act which replaced the CJI with a Cabinet Minister. This hearing is a direct challenge to the law that altered the selection committee mandated by the 2023 'Anoop Baranwal' judgment, touching upon the core 'basic structure' doctrine of free and fair elections.

Exam Lens

Quick Exam Facts From News

Key Judgment CitedAnoop Baranwal vs Union of India (2023)
Contested ActChief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023
Original Selection Panel (2023 Judgment)PM, Leader of Opposition, Chief Justice of India
New Selection Panel (2023 Act)PM, Leader of Opposition, Union Cabinet Minister

1-Minute Revision

  • ›Key Judgment Cited: Anoop Baranwal vs Union of India (2023)
  • ›Contested Act: Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023
  • ›Target this Legal Point: Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023.
  • ›Target this Nodal Body: Supreme Court of India (Division Bench/Constitution Bench).
  • ›Target this Case Law: Anoop Baranwal versus Union of India (2023 Constitution Bench judgment).

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Q1Static LinkageEasy

Under which Article of the Constitution is the power of superintendence, direction and control of elections vested?

Q2Statement-basedHard

Consider the following statements regarding the appointment of Election Commissioners:

1. The Supreme Court's 2023 judgment in 'Anoop Baranwal vs Union of India' mandated a selection panel comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India.

2. The Chief Election Commissioner and other Election Commissioners (Appointment) Act, 2023 replaced the Chief Justice of India on the panel with a Cabinet Minister nominated by the Prime Minister.

3. The Attorney-General argued before the Supreme Court that the 2023 judgment declared a binding law under Article 141, which Parliament was obliged to follow.

Which of the statements given above is/are correct?

Q3Data-centricMedium

As per the 2023 Chief Election Commissioner and other Election Commissioners (Appointment) Act, who are the members of the selection committee?

Q4Application/ImpactMedium

What was the core concern expressed by Justice Dipankar Datta regarding the Election Commission's independence?

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