Supreme Court Justice Dipankar Datta, in a split verdict, held that replacing the Chief Justice of India with a Union Minister in the Prime Minister-led selection panel for the CEC and ECs fails the 'perception test' and gives the Executive an 'effective veto'. The case has been referred to a Constitution Bench for an authoritative ruling on the legality of the 2023 Act.
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- ›Case Reference: Anoop Baranwal vs Union of India (2023)
- ›Impugned Act: Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023
- ›Target this Data: The 2023 Act replaced the CJI with a Union Cabinet Minister in the selection panel for CEC/ECs.
- ›Target this Nodal Body: The Election Commission of India (Article 324).
- ›Target this Legal Point: The 'perception test' and 'effective veto' argument used by Justice Datta.
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