On Thursday, 14 May 2026, the Supreme Court cautioned the Union government to address the lack of neutrality in the selection panel for the Election Commission of India (ECI). The bench stressed that the credibility of elections hinges on an unquestionably independent commission.
Key Developments
- The Court noted that the Prime Minister‑chaired committee contains no absolutely neutral person and that a Cabinet Minister on the panel cannot be expected to oppose the Prime Minister’s wishes.
- It questioned whether the Leader of the Opposition on the committee is merely ornamental, given that appointments can proceed without a unanimous vote.
- The bench is hearing petitions challenging the 2023 EC Appointment Act, which the petitioners argue defeats the earlier Anoop Baranwal judgment.
- Justice Dipankar Datta emphasized that independence must be both real and perceived, invoking the basic‑structure doctrine that free elections are essential to democracy.
Important Facts
- The 2023 Act replaced the Chief Justice of India with a Cabinet Minister nominated by the Prime Minister, thereby shifting decisive power to the Executive.
- The petitioners contend that the Act contravenes the constitutional mandate under Article 324(2) of the Constitution.
- The Court highlighted that earlier j