Supreme Court Split Over Election Commission Appointment Act

Gist A two-judge bench of the Supreme Court has delivered a split verdict on whether to refer petitions challenging the Chief Election Commissioner and other Election Commissioners Act, 2023 , to a Constitution Bench. The dispute centres on the new law granting the executive a 2:1 majority in the ECI selection panel, effectively overriding the neutral mechanism previously prescribed by the Court. Aspirants must track this development as it directly impacts the institutional integrity and independence of the Election Commission, testing the limits of parliamentary power over constitutional bodies. Background Under Article 324 2 of the Constitution, the appointment of Election Commissioners is subject to parliamentary law, a legislative vacuum that persisted for seven decades. To cure this, the Supreme Court in the Anoop Baranwal 2023 judgment created an interim selection panel comprising the Prime Minister, the Leader of the Opposition LoP , and the Chief Justice of India CJI . Parliament subsequently enacted the CEC and other ECs Appointment, Conditions of Service and Term of Office Act, 2023 , which replaced the CJI with a Union Cabinet Minister, thereby…