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Relevance: GS-II (Constitutional Bodies, Separation of Powers) Source: Supreme Court Updates, 2026

1 · What is the core issue?

The Election Commission is the referee of Indian elections. To ensure fairness, the referee must be completely neutral. In 2023, the Supreme Court ruled that the Chief Election Commissioner should be chosen by a 3-member panel: the Prime Minister, the Opposition Leader, and the Chief Justice of India (CJI).
However, Parliament soon passed a new law replacing the Chief Justice with a Union Cabinet Minister. Now, the government has a 2-to-1 majority on the panel. The Supreme Court is currently hearing petitions challenging this.

2 · Understanding the Clash

Step 1: The Supreme Court’s Temporary Fix (2023)
Because there was no proper law for decades, the Court stepped in and created a balanced panel (PM + Opposition Leader + Chief Justice) to pick the Election Chief.
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Step 2: Parliament Passes a New Law
The government quickly passed the 2023 Act, removing the Chief Justice and replacing him with a Cabinet Minister chosen by the PM.
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Step 3: The 2-vs-1 Imbalance
Critics rushed to court, arguing the new panel is biased. With the PM and his own Minister voting together, the Opposition Leader is easily outvoted.
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Step 4: The Government’s Defense
The government argues that Parliament has the constitutional right to make laws, and courts cannot simply assume the Prime Minister will act with bad intentions.

3 · Key Polity Concepts

Article 324(2)
The Constitutional Rule
The Constitution clearly says the President will appoint the Election Commissioners “subject to any law made by Parliament.” The government argues they simply made that law.
Separation of Powers
Staying in Your Domane
Just as the government shouldn’t interfere in court judgments, the government argues judges shouldn’t interfere in laws legitimately passed by Parliament.
Constitutional Trust
Faith in the PM
The Constitution places immense faith in the Prime Minister to govern honestly. The government argues courts cannot strike down a law based on a presumption of “bad faith” by the PM.
Perception of Justice
Appearance Matters
The Supreme Court noted a core legal rule: “Justice must not only be done, but must also be seen to be done.” A 2-to-1 government majority looks unfair to the public.

UPSC Prelims Quick Facts: Legal Precedents
Anoop Baranwal Case (2023) The landmark Supreme Court judgement that created the interim 3-member panel (including the CJI) to ensure “fierce independence” in selecting election officers.
Manoj Narula Case (2014) The government used this case to defend itself. In 2014, the SC ruled that the Prime Minister is the “repository of constitutional trust” and must be presumed to act responsibly.
The Search Committee Under the new 2023 Act, before the PM’s panel makes a choice, a preliminary Search Committee headed by the Cabinet Secretary prepares a shortlist of names.
The Irony of Collegium The government strongly pointed out the irony that while the judiciary complains about the Executive selecting poll officers, judges themselves select other judges (the Collegium system).

MCQ Practice Question
Q. With reference to the appointment of the Chief Election Commissioner (CEC) and Election Commissioners in India, consider the following statements:

  1. Article 324(2) of the Constitution mandates that the CEC shall only be appointed by a collegium comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India.
  2. Under the 2023 Act passed by Parliament, the Chief Justice of India has been replaced by a Union Cabinet Minister on the selection panel.
  3. In the Anoop Baranwal judgment (2023), the Supreme Court provided an interim arrangement for the selection panel until Parliament enacted an appropriate law.

Which of the statements given above is/are correct?
(a) 1 and 2 only    (b) 2 and 3 only    (c) 1 and 3 only    (d) 1, 2 and 3

Answer: (b) 2 and 3 only

  • Statement 1 — Incorrect (the trap): Article 324(2) does not mention a collegium or specific panel. It simply states that the President appoints the CEC “subject to the provisions of any law made in that behalf by Parliament.”
  • Statement 2 — Correct: The 2023 Act removed the CJI and replaced him with a Union Cabinet Minister nominated by the PM.
  • Statement 3 — Correct: The Supreme Court explicitly stated in 2023 that its 3-member panel involving the CJI was a temporary, interim measure until Parliament passed a statutory law.
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