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Election Commission Independence Under Scrutiny: Supreme Court Cases, 2023 Appointment Act, and 6-Year CEC Tenure Under Article 324

PolityCORE
Target:UPSC GS-IIMPSCSSC GATeachingPrelims HighMains HighStatic GK Link
24 Feb 2026
~2 min
Source: The Hindu
Key Data:Article 324Article 326Article 124(4)65 lakh voters6 years or 65 years age
Bodies:Election Commission of IndiaSupreme Court of India
Practice MCQs from today's news ▸
What This Article Covers

1.The independence of the Election Commission, mandated under Article 324, is facing scrutiny over the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Office and Terms of Office) Act, 2023, which altered the selection committee composition.

2.The Supreme Court's judgment in Anoop Baranwal vs Union of India (2023) recommended including the CJI in the selection committee, a provision omitted in the 2023 Act, leading to the ongoing Jaya Thakur vs Union of India (2024) challenge.

3.The CEC enjoys strong removal protection akin to a Supreme Court judge under Article 124(4), while other ECs can be removed by the President on the CEC's advice, as per the Supreme Court's interpretation in Vineet Narain vs Union of India (1997).

The Big Picture
Prelims · HighMains · High

This article dissects the constitutional and statutory safeguards for the Election Commission's independence, a core Polity topic. It covers the recent controversies over the 2023 Appointment Act, the Supreme Court's role, and the complex removal procedure for the CEC, making it critical for understanding institutional autonomy in Indian democracy.

Exam Lens

Quick Exam Facts From News

Constitutional ArticleArticle 324 (Election Commission)
Key Supreme Court Case (2023)Anoop Baranwal vs Union of India
Key Supreme Court Case (2024)Jaya Thakur vs Union of India
CEC Tenure6 years or until 65 years of age
Voters Deleted in Bihar SIRApproximately 65 lakh

1-Minute Revision

  • ›Constitutional Article: Article 324 (Election Commission)
  • ›Key Supreme Court Case (2023): Anoop Baranwal vs Union of India
  • ›Target this Data: Approximately 65 lakh voters allegedly deleted in Bihar's SIR exercise.
  • ›Target this Nodal Body: The selection committee for Election Commissioners under the 2023 Act comprises PM, Union Minister, and Leader of Opposition.
  • ›Target this Legal Point: The CEC can be removed only under Article 124(4), the same as a Supreme Court judge.

Mastered this topic? Test your knowledge with a full MCQ quiz.

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

Q1Static LinkageEasy

Under which Article of the Constitution is the Election Commission of India established?

Q2Statement-basedHard

Consider the following statements regarding the appointment and removal of Election Commissioners:

1. The Chief Election Commissioner (CEC) and other Election Commissioners (ECs) are appointed by the President based on the recommendation of a committee comprising the Prime Minister, the Leader of Opposition, and the Chief Justice of India.

2. The CEC can be removed from office only in the manner and on the grounds prescribed for the removal of a Supreme Court Judge.

3. An Election Commissioner (other than the CEC) can be removed by the President on the recommendation of the Chief Election Commissioner.

Which of the statements given above is/are correct?

Q3Data-centricMedium

Approximately how many voters were alleged to have been deleted during the Special Intensive Revision (SIR) exercise in Bihar, as mentioned in the article?

Q4Application/ImpactMedium

What is the primary constitutional safeguard for the independence of the Chief Election Commissioner, as highlighted in the article?

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