Supreme Court Scrutinizes New Law on CEC and EC Appointments: Balancing Executive Power and Institutional Independence

The Supreme Court of India has recently sought a response from the Union Government on a plea challenging the constitutionality of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. This legislative development has sparked a significant debate regarding the independence of constitutional bodies and the doctrine of separation of powers. The core of the controversy lies in the composition of the Selection Committee. Previously, in the Anoop Baranwal v. Union of India (2023) case, the Supreme Court had ruled that the appointment of the CEC and ECs should be made by the President based on the advice of a committee comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India (CJI). However, the 2023 Act replaced the CJI with a Union Cabinet Minister nominated by the Prime Minister. This shift effectively gives the executive a 2:1 majority in the selection process.