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Supreme Court Questions Fairness of PM-Led Panel for CEC Appointment Under 2023 Act

PolityHIGH
Target:UPSC GS-IIMPSCTeachingSSC GAPrelims HighMains HighStatic GK Link
30 Jul 2026
~2 min
Source: Indian Express
Key Data:CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023Manoj Narula vs Union of India
Bodies:Supreme CourtElection Commission of India
Practice MCQs from today's news ▸
What This Article Covers

1.SC bench of Justices Dipankar Datta and S C Sharma heard petitions against the CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

2.The Act provides for CEC/EC selection by a three-member panel: PM, a Union Minister, and the Leader of Opposition (LoP).

3.Centre argued that doubting the PM-led committee undermines constitutional trust; SC countered with the 'justice must be seen to be done' principle.

The Big Picture
Prelims · HighMains · High

The Supreme Court has questioned whether the selection of the Chief Election Commissioner (CEC) and Election Commissioners by a PM-led committee (with a Union Minister and LoP) demonstrates 'fairness'. The Centre defended the process citing constitutional trust, but the court hinted at the need for a more independent mechanism. This is crucial for understanding the debate on institutional independence and the Election Commission's autonomy.

Exam Lens

Quick Exam Facts From News

SC BenchJustices Dipankar Datta and S C Sharma
Act ChallengedChief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
Selection Committee MembersPM + Union Minister + Leader of Opposition (LoP)
Centre's RepresentativeSolicitor General Tushar Mehta
Key Precedent Cited by CentreManoj Narula vs Union of India (constitutional trust doctrine)

1-Minute Revision

  • ›SC Bench: Justices Dipankar Datta and S C Sharma
  • ›Act Challenged: Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
  • ›Target this Act: Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
  • ›Target this Committee: PM + Union Minister + Leader of Opposition (LoP)
  • ›Target this Precedent: Manoj Narula vs Union of India (constitutional trust doctrine)

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

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

Q1Static LinkageEasy

Which constitutional body is responsible for the appointment of the Chief Election Commissioner (CEC) and Election Commissioners, subject to any law made by Parliament?

Q2Statement-basedHard

Consider the following statements regarding the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023:

1. The selection committee for the CEC and ECs consists of the Prime Minister, a Union Minister, and the Leader of the Opposition.

2. The Act was passed to replace the earlier practice of appointment by the President on the advice of the government.

3. The Supreme Court has upheld the constitutional validity of this Act in a recent judgment.

Which of the statements given above is/are correct?

Q3Data-centricMedium

According to the news, which legal precedent was cited by the Centre to defend the PM-led selection committee for the CEC?

Q4Application/ImpactMedium

What is the primary concern raised by the Supreme Court regarding the appointment process of the CEC under the 2023 Act?

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