Context:
The Supreme Court questioned whether Parliament had properly debated the spirit of the 2023 judgment in the Anoop Baranwal vs Union of India case while passing the law on appointments of the Chief Election Commissioner (CEC) and Election Commissioners (ECs). The issue relates to ensuring the independence and neutrality of the Election Commission of India (ECI).
- The Election Commission of India (ECI) is a constitutional body established under Article 324 of the Constitution for conducting free and fair elections.
- The ECI consists of the Chief Election Commissioner (CEC) and Election Commissioners (ECs), appointed by the President of India.
- Article 324 does not clearly specify the appointment procedure; therefore, appointments were traditionally made on the advice of the Prime Minister-led executive.
- The CEC enjoys security of tenure similar to a Supreme Court judge and can be removed only through impeachment by Parliament, while ECs can be removed on the recommendation of the CEC.
- In Anoop Baranwal vs Union of India (2023), the Supreme Court held that appointments should be made by a committee consisting of the Prime Minister, Leader of Opposition and Chief Justice of India (CJI) until Parliament enacted a law.
- Parliament later passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
- Under the new law, the CJI was replaced in the selection committee by a Union Cabinet Minister nominated by the Prime Minister, reviving concerns regarding executive dominance.
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Election Commission Appointments and Institutional Independence