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SC Questions 2023 CEC/EC Appointment Law, Excludes CJI from Committee Under Article 324(2) Framework

PolityCORE
Target:UPSC GS-IIMPSCSSC GATeachingPrelims HighMains HighStatic GK Link
06 May 2026
~2 min
Source: Indian Express
Key Data:2023Article 324(2)
Bodies:Supreme CourtElection Commission of IndiaParliament
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What This Article Covers

1.The Supreme Court is hearing a challenge to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

2.The 2023 Act replaced the CJI with a Union Cabinet Minister in the Selection Committee, diverging from the SC's 'Anoop Baranwal' judgment which included the CJI.

3.Petitioners argue the law undermines neutrality, while the Court questions if its earlier judgment's observations were binding on Parliament.

The Big Picture
Prelims · HighMains · High

The Supreme Court is scrutinizing a 2023 law that changed the panel for appointing Election Commissioners, questioning if its own 2023 judgment was meant only as a temporary measure. This raises critical issues about judicial overreach, legislative intent under Article 324(2), and the neutrality of the Election Commission's composition.

Exam Lens

Quick Exam Facts From News

Key CaseAnoop Baranwal v Union of India (2023)
Constitutional ArticleArticle 324(2)
Original Committee (SC Judgment)PM, LoP/Leader of Largest Opposition, CJI
2023 Act CommitteePM, LoP, Union Cabinet Minister

1-Minute Revision

  • ›Key Case: Anoop Baranwal v Union of India (2023)
  • ›Constitutional Article: Article 324(2)
  • ›Target this Data: The 2023 'Anoop Baranwal' judgment prescribed a committee of PM, LoP, and CJI.
  • ›Target this Nodal Body: The Election Commission of India, a constitutional body under Article 324.
  • ›Target this Legal Point: Article 324(2) of the Constitution mandates Parliament to make law for CEC/EC appointments.

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Q1Static LinkageEasy

Under which part of the Indian Constitution is the Election Commission of India established?

Q2Statement-basedHard

Consider the following statements regarding the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs):

1. Article 324(2) of the Constitution mandates that Parliament shall make a law to fix the criteria for their selection.

2. The Supreme Court, in the 'Anoop Baranwal' case (2023), ruled that until such a law is made, appointments shall be made by the President on the aid and advice of the Council of Ministers.

3. The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, includes the Chief Justice of India in the selection committee.

Which of the statements given above is/are correct?

Q3Data-centricMedium

As per the Supreme Court's 2023 judgment in 'Anoop Baranwal v Union of India', who all were to be members of the committee for appointing the CEC and ECs until a law was made by Parliament?

Q4Application/ImpactMedium

What is the primary constitutional concern raised by petitioners against the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023?

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