A Lesson from the UN On the Appointment of CEC and ECs

Gist The enactment of a new parliamentary law in late 2023 altered the appointment mechanism for the Chief Election Commissioner CEC and Election Commissioners ECs , effectively securing an executive majority on the selection panel. This shift has reignited judicial and public debates over the institutional independence of India's electoral watchdog. For an aspirant, this development is a critical case study in the separation of powers, illustrating how legislative action can override judicial attempts to insulate constitutional bodies from partisan bias. Background Article 324 of the Constitution vests the superintendence, direction, and control of elections in the Election Commission , but it originally left the method of appointing its members to Parliament. For nearly 75 years , Parliament enacted no law on the matter, allowing the Union government to unilaterally appoint the CEC and ECs . In March 2023 , a Supreme Court Constitution Bench ruled that exclusive executive control compromised free and fair elections, creating a temporary selection committee comprising the Prime Minister , the Leader of the Opposition LoP , and the Chief Justice of India CJI .…