Introduction
India’s democratic fabric relies critically on the Election Commission of India (ECI) being an independent and impartial body. In December 2023, Parliament passed the Appointment of Election Commissioners Act, 2023, altering the selection process for the Chief Election Commissioner (CEC) and Election Commissioners by removing the Chief Justice of India (CJI) from the appointment panel.
This legislative move has sparked widespread debate over executive control versus judicial oversight in safeguarding electoral autonomy.
Genesis of the Legislation
Anoop Baranwal Judgment (March 2023)
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A five-judge Constitution Bench ruled in Anoop Baranwal v. Union of India that ECI appointments must follow a temporary committee including the PM, Leader of the Opposition, and Chief Justice of India (CJI).
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This was treated as a stop-gap measure until Parliament enacted a formal law respecting institutional integrity under Article 324. Reddit+15Supreme Court Observer+15The Economic Times+15Hindustan Times+1The Times of India+1Supreme Court Observer
2023 Act: Legislative Overhaul
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On 12 December 2023, Parliament passed a new law constituting a selection panel of the Prime Minister, Leader of Opposition, and a Union Cabinet Minister nominated by the PM—excluding the CJI. tscld.com+6Supreme Court Observer+6Reddit+6
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The Act came into force from 2 January 2024. Wikipedia
Core Legal Issues
Is the CJI’s exclusion constitutional?
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Petitions argue the Act contradicts the spirit of the Anoop Baranwal judgment by sidelining the judiciary in appointments. ADR+15Supreme Court Observer+15Supreme Court Observer+15
Does parliamentary veto override judicial directions?
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Critics claim Parliament cannot override a Supreme Court direction merely by passing legislation. The issue revolves around the interplay between judicial authority and legislative supremacy. The Times of Indiatscld.com
Supreme Court Response
Refusal to Stay the Law
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On 15 March 2024, the Supreme Court declined to stay the 2023 Act, even as new commissioners were appointed under its provisions. The bench held that parliamentary law cannot be stayed lightly, especially in proximity of general elections. Live Law+3Supreme Court Observer+3Supreme Court Observer+3
Case Listed for Constitutional Review
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The Court accepted petitions under Jaya Thakur v. Union of India (ADR et al.) and set them down for hearings in April and May 2025, but adjourned without resolution. The Times of India+10Live Law+10The New Indian Express+10
Concerns & Criticisms
Executive Dominance Over Appointments
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Analysts warn the new selection panel gives undue influence to the executive, undermining free and fair elections and institutional impartiality. The Financial Express+14tscld.com+14The Times of India+14
Downgrading EC’s Status
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The law also downgrades salary and status of the CEC and Election Commissioners to that of a Cabinet Secretary, previously equivalent to a Supreme Court Judge, raising fresh institutional dignity concerns. Hindustan Times+4Wikipedia+4Reddit+4
Opaque Appointment Process
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In March 2024, two new ECs were reportedly appointed with minimal transparency—with the LoP receiving candidate lists just minutes before meeting—a point flagged by petitioners. Supreme Court Observer+1The Hindu+1
What Lies Ahead?
Judicial Verdict Pending
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A new Supreme Court bench chaired by Justice Surya Kant is hearing the constitutional challenge. Final verdict may define the balance between executive power and institutional independence. Supreme Court Observer
Possible Reforms
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Experts advocate for either a return of the CJI or independent nominees in the appointment committee.
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Constitutional amendment may be necessary to ensure ESC impartiality and stable governance.
Conclusion
The 2023 Act represents a pivotal reconfiguration of how election regulators are appointed. By replacing the Chief Justice with a government minister, it shifts the power balance, potentially eroding ECI’s autonomy. The Supreme Court’s pending review will determine whether the Act aligns with constitutional values or compromises electoral integrity.
The controversy underscores the broader tension in India's polity: the need to preserve democratic institutions against excessive executive intrusion. The outcome could set a precedent for the future of independent institutions in Indian democracy.