Supreme Court clarifies CJI's role in CEC, EC appointments was temporary, pending new law
The Supreme Court clarified that the Chief Justice of India's (CJI) involvement in appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs) was a temporary measure, pending a new law from Parliament. This statement came during challenges to the 2023 Act, which replaced the CJI with a Union Cabinet Minister on the selection panel. Petitioners argue the new law grants the executive dominant control, overriding a March 2023 Constitution Bench judgment (Anoop Baranwal v. Union of India) that mandated a committee including the PM, LoP, and CJI to ensure the Election Commission's "fierce independence."
Key Points
- The Supreme Court stated that the CJI's role in the CEC and EC appointment committee was a temporary arrangement until Parliament enacted a new law.
- Petitions challenge the 2023 Act, which replaced the CJI with a Union Cabinet Minister on the selection panel, arguing it gives the executive excessive control.
- The 2023 Act effectively countermands the March 2023 Constitution Bench judgment in Anoop Baranwal v. Union of India.
- The previous judgment mandated a committee comprising the Prime Minister, Leader of the Opposition, and the Chief Justice of India for appointments.
- Petitioners contend that Election Commission appointments must be free from executive control to maintain the body's neutrality and independence.
Exam Facts
- The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act of 2023 is being challenged.
- The March 2023 Constitution Bench judgment is known as Anoop Baranwal v. Union of India.
- Article 324(2) of the Constitution is referenced regarding Parliament's power to make laws for appointments.
- The current CEC, Gyanesh Kumar, was the first appointed under the new 2023 law.
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