Supreme Court to Examine Constitutional Validity of CEC Appointment Law Excluding CJI

Hindustan Times - India · 9 Apr 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance

The Supreme Court will hear petitions challenging the constitutional validity of the 2023 Act that excludes the CJI from the committee appointing the CEC and ECs, raising concerns about electoral integrity and judicial oversight.

Key points

Supreme Court has scheduled hearings for May 6 on petitions challenging the CEC and other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023, which excludes the CJI from the selection panel.

Petitions filed by Association for Democratic Reforms (ADR) and Congress leader Jaya Thakur argue that the Act violates the basic structure of the Constitution by undermining free and fair elections.

The 2023 Act replaces the CJI in the selection committee with a cabinet minister nominated by the PM, effectively giving the government majority control in appointing CEC and ECs.

This contradicts the Anoop Baranwal case (2023) judgment, which mandated a selection panel comprising the PM, CJI, and Leader of Opposition in Lok Sabha until Parliament enacted a law.

[GS2-Polity] The case highlights the tension between parliamentary sovereignty and judicial oversight in appointments to constitutional bodies, a recurring theme in Indian polity.

The petitioners, including advocate Prashant Bhushan, emphasize the need for transparent and fair appointments, citing multiple Constitution bench judgments.

The Supreme Court has allocated a full day for hearings and directed the Centre and Election Commission of India to submit necessary documents.

[GS3-Governance] This issue underscores the broader challenge of ensuring institutional independence in electoral governance, critical for democratic integrity.

Way Forward: India should consider amending the Act to include the CJI in the selection panel, establish clear criteria for EC appointments, and mandate parliamentary scrutiny of the selection process to enhance transparency.

Key terms

Association for Democratic Reforms (ADR)

A non-partisan NGO working on electoral and political reforms in India. ADR's petition in this case reflects its role in advocating for transparent and accountable governance, a recurring theme in GS2 (Governance) and GS4 (Ethics).

CEC and other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023

The 2023 Act governs the appointment and service conditions of the Chief Election Commissioner and Election Commissioners. It replaced the CJI with a cabinet minister in the selection panel, raising concerns about executive dominance in appointing key electoral officials, crucial for maintaining electoral integrity.

Anoop Baranwal case (2023)

A landmark Supreme Court judgment that ruled the CEC and ECs should be appointed by a committee comprising the PM, CJI, and Leader of Opposition until Parliament enacts a law. This case emphasized judicial oversight to ensure impartiality in electoral appointments, a key aspect of constitutional governance.

Basic Structure Doctrine

A judicial principle that certain features of the Constitution cannot be amended by Parliament. The petitioners argue that free and fair elections, part of this doctrine, are compromised by the 2023 Act, making it a significant constitutional issue for UPSC aspirants.