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Supreme Court Scrutinizes CEC Appointment Act 2023 and Selection Committee Amid Allegations of 'Tyranny of the Elected'

PolityCORE
Target:UPSC GS-IIMPSCSSC GATeachingPrelims HighMains HighStatic GK Link
07 May 2026
~2 min
Source: Indian Express
Key Data:2023 (Anoop Baranwal judgment)2023 (CEC Appointment Act)March 14, 2024 (Selection Committee meeting)200 names (candidate list)
Bodies:Supreme CourtElection Commission of IndiaParliament
Practice MCQs from today's news ▸
What This Article Covers

1.The Supreme Court termed Parliament's failure to enact a CEC appointment law until directed by the Court in 2023 as 'tyranny of the elected'.

2.The Court is hearing petitions challenging the Chief Election Commissioner and Other Election Commissioners Act, 2023, which mandates a selection panel comprising PM, LoP, and a Cabinet Minister.

3.A key challenge focuses on the 2024 appointments of ECs Gyanesh Kumar and Sukhbir Sandhu, alleging rushed consultation with a list of 200 names shared just one day before selection.

The Big Picture
Prelims · HighMains · High

The Supreme Court criticized Parliament's delay in legislating CEC appointment norms, enacted only after a judicial mandate in 2023. The Court is now examining the 2023 Act's selection committee process, amidst allegations of rushed appointments, highlighting a core debate on institutional independence versus political control.

Exam Lens

Quick Exam Facts From News

Judicial Directive Year2023 (Anoop Baranwal case)
Enacted LegislationChief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
Selection Committee CompositionPrime Minister, Leader of Opposition, Union Cabinet Minister
EC Appointments (2024)Gyanesh Kumar and Sukhbir Sandhu

1-Minute Revision

  • ›Judicial Directive Year: 2023 (Anoop Baranwal case)
  • ›Enacted Legislation: Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
  • ›Target this Data: The year of the Anoop Baranwal judgment (2023) and the enacted Act (2023).
  • ›Target this Nodal Body: The Election Commission of India and the Supreme Court.
  • ›Target this Legal Point: Article 324(2) of the Constitution and the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

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

Q1Static LinkageEasy

Under which Article of the Constitution is the Election Commission established, as referenced in the Supreme Court's discussion?

Q2Statement-basedHard

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

1. The Supreme Court's 2023 Anoop Baranwal judgment directed appointment by a committee comprising the Prime Minister, Leader of Opposition, and Chief Justice of India.

2. The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 mandates appointment by a committee comprising the Prime Minister, Leader of Opposition, and a Union Cabinet Minister.

3. The 2024 appointments of Election Commissioners Gyanesh Kumar and Sukhbir Sandhu were challenged on grounds that the selection committee had effectively consulted on a panel of six names recommended by the search committee.

Which of the statements given above is/are correct?

Q3Data-centricMedium

According to the news article, which two individuals were appointed as Election Commissioners in March 2024?

Q4Application/ImpactMedium

What is the primary constitutional concern highlighted by the Supreme Court's description of 'tyranny of the elected' in this context?

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