Context
The Supreme Court is hearing petitions challenging the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, under which the Chief Justice of India (CJI) was replaced by a Union Cabinet Minister in the selection committee..
Explanation
- Article 324 vests the superintendence, direction and control of elections in the Election Commission of India (ECI).
- Earlier, the Constitution did not prescribe a procedure for appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
- In Anoop Baranwal v. Union of India (2023), the Supreme Court directed appointments through a committee comprising the Prime Minister, Leader of Opposition, and Chief Justice of India, until Parliament enacted a law.
- Parliament enacted the 2023 Act, replacing the CJI with a Cabinet Minister nominated by the Prime Minister in the selection committee.
- The challenge concerns the independence, impartiality, and institutional autonomy of the Election Commission vis-à-vis the Executive.
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Election Commission Appointments and Institutional Independence