EC Appointment Law: Why the Supreme Court Placed the Matter Before the CJI

Gist A two-judge Supreme Court bench delivered a split verdict on whether petitions challenging the 2023 Election Commission appointment law must be heard by a Constitution Bench. Consequently, the judges issued a joint order referring the matter directly to the Chief Justice of India CJI to avoid procedural delays. This development is critical for civil services aspirants as it scrutinizes the balance of power in constitutional appointments, specifically testing whether an executive-majority selection committee compromises the institutional independence of the Election Commission. Background Article 324 2 of the Constitution mandates that the President appoint the Chief Election Commissioner CEC and Election Commissioners ECs subject to any law made by Parliament. For 73 years, Parliament enacted no such law, leaving appointments entirely to executive discretion. In March 2023 , the Supreme Court in the Anoop Baranwal case ruled that, pending parliamentary legislation, appointments must be made by an independent committee comprising the Prime Minister, the Leader of the Opposition LoP , and the Chief Justice of India to insulate the EC from executive influence. However, in December 2023 , Parliament passed…