Supreme Court Critiques Executive Dominance in Election Commission Appointments
GS2
The Supreme Court has raised concerns over the 'tyranny of the elected,' criticizing the 2023 Act for excluding the Chief Justice of India from the Election Commission selection panel. This observation highlights the ongoing debate regarding the institutional independence of constitutional bodies and the separation of powers.
The Supreme Court of India recently expressed grave concern over what it termed the 'tyranny of the elected,' highlighting the historical failure of successive governments to establish a truly independent mechanism for appointing members of the Election Commission of India (ECI). This observation comes amidst legal challenges to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
The crux of the controversy lies in the composition of the selection committee. In the landmark Anoop Baranwal v. Union of India (2023) judgment, a Constitution Bench ruled that the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) should be made by the President on the advice of a committee comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India (CJI). The Court intended this as a temporary measure to ensure neutrality until Parliament enacted a specific law under Article 324(2).
Continue reading — free with login
JeetoBharat publishes daily UPSC current affairs mapped to the Mains syllabus. Log in to read full articles.
Log in to read full articleNo credit card required. Free registered users get unlimited access.
This article was curated using AI. While we strive for accuracy, please verify critical facts from official sources.