Why in news
- A two-judge bench of the Supreme Court delivered a split verdict on whether challenges to the Chief Election Commissioner and Other Election Commissioners Act, 2023 should be referred to a five-judge Constitution bench.
Key terms
Article 324(2)
Constitutional provision empowering the President to appoint the CEC and ECs subject to parliamentary law.
Anoop Baranwal Case (2023)
Supreme Court ruling that instituted a selection committee including the CJI until Parliament enacted a law.
Split Verdict
A situation where judges on a bench express equal opposing opinions, requiring reference to a larger bench or CJI.
Search Committee
Administrative panel headed by the Cabinet Secretary to shortlist prospective candidates for constitutional posts.
What is the Parent Law?
- The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 governs the selection process for the Election Commission of India under Article 324(2).
- It replaced the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
Key Provisions Under Challenge
- Composition of Selection Committee: Replaced the Chief Justice of India with a Union Cabinet Minister nominated by the Prime Minister, establishing a panel of the PM, Leader of Opposition/Opposition Leader in Lok Sabha, and a Cabinet Minister.
- Search Committee: Headed by the Cabinet Secretary to prepare a panel of five names for consideration by the Selection Committee.
- Judicial Issue: Petitioners contend that excluding the CJI violates the independence of the Election Commission as mandated in Anoop Baranwal v. Union of India (2023).
Why It Matters
- The split bench outcome between Justice Dipankar Datta (against reference) and Justice Satish Chandra Sharma (favoring reference) transfers the reference decision to the Chief Justice of India.
- It impacts institutional independence and judicial oversight over election administrative bodies.
Prelims facts
- Article 324(2) places the power of EC appointments with the President subject to laws made by Parliament.
Mains discussion
- Examine the constitutional implications of executive control over the Election Commission selection panel on free and fair elections.
Source: Economic Times India
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