Appointment of CEC, ECs: Supreme Court refuses to stay new law again

Syllabus: GS-II

Subject: Polity

Topic: Constitutional Bodies.

Issue: Appointment of CEC’s & EC’s.

Context: The Supreme Court refused to grant interim stay on a new law regarding the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs).


  • The petitions challenged the constitutional validity of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
  • Which states that CEC and ECs shall be appointed by the President based on recommendations from a Selection Committee comprising the Prime Minister, Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.
  • The court declined to stay on grounds of violating Article 14 and the basic features of the Constitution.
How are the CEC and ECs currently appointed?
Appointment of CEC and ECs:

Article 324 establishes the Election Commission and grants it authority over elections.

·         Appointment Process: The President appoints the CEC and ECs based on the advice of the Union Council of Ministers led by the                Prime Minister.

Powers of the Election Commission:

·         The Constitution grants the Election Commission broad powers without specifying details.

·         Parliament has enacted laws like The Representation of the People Act, 1950, and The Representation of the People                Act, 1951, to define and expand the Commission’s powers.


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