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SC Split Verdict: Minister Replacing CJI in CEC Selection Panel Fails Perception Test

PolityCORE
Target:UPSC GS-IIMPSCSSC GATeachingPrelims HighMains HighStatic GK Link
23 Sept 2026
~2 min
Source: The Hindu
Key Data:2023 ActAnoop Baranwal (2023)Justice Dipankar DattaArticle 145(3)Article 324
Bodies:Supreme Court of IndiaElection Commission of India
Practice MCQs from today's news ▸
What This Article Covers

1.Justice Dipankar Datta, in a split verdict, observed that including a Cabinet Minister instead of the CJI in the CEC-EC selection panel prima facie gives the government an effective veto and fails the perception test.

2.The judge cited the Anoop Baranwal judgment (2023) which mandated a panel of PM, LoP, and CJI, but the 2023 Act replaced the CJI with a Minister nominated by the PM.

3.Though the two judges differed on referral to a Constitution Bench, they agreed to send the case to the CJI for constitution of a larger bench to decide on the legality of the provisions.

The Big Picture
Prelims · HighMains · High

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.

Exam Lens

Quick Exam Facts From News

Case ReferenceAnoop Baranwal vs Union of India (2023)
Impugned ActChief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023
Key JudgeJustice Dipankar Datta (split opinion)
Key Legal PrinciplePerception test; Basic Structure

1-Minute Revision

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

Q1Static LinkageEasy

Which constitutional article establishes the Election Commission of India?

Q2Statement-basedHard

Consider the following statements regarding the appointment of Chief Election Commissioner and Election Commissioners:

1. The 2023 Act replaced the Chief Justice of India with a Union Cabinet Minister nominated by the Prime Minister in the selection panel.

2. Justice Dipankar Datta held that the inclusion of a Minister passes the 'perception test'.

3. The case has been referred to a Constitution Bench for an authoritative ruling.

Which of the statements given above is/are correct?

Q3Data-centricMedium

According to the article, which Supreme Court judgment was the 2023 Act intended to 'defeat'?

Q4Application/ImpactMedium

What is the primary legal principle invoked by Justice Datta to question the composition of the selection panel?

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