Supreme Court Clarifies CJI’s Role in CEC Appointments Pending Parliament’s 2023 Act

Supreme Court Clarifies CJI’s Role in CEC Appointments Pending Parliament’s 2023 Act The Supreme Court on 6 May 2026 reiterated that the involvement of the CJI in appointing the CEC and other ECs is a temporary measure until Parliament enacts a law in line with Article 324(2) of the Constitution. Key Developments Petitions filed by the Association for Democratic Reforms and activist Jaya Thakur challenge the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023 . The 2023 Act replaces the CJI with a Union Cabinet Minister in the appointment committee, effectively giving the Political Executive dominant control. The Supreme Court’s March 2023 Constitution Bench judgment in Anoop Baranwal v. Union of India had mandated a committee comprising the Prime Minister, Leader of Opposition (Lok Sabha), and the CJI for CEC/EC appointments. Senior advocates Vijay Hansaria and Gopal Sankaranarayanan argue that the Constitution framers intended the Election Commission to be free from exclusive executive control. Justice Dipankar Datta questioned whether Parliament can be compelled by a mandamus to legislate in a specific manner. Important Facts The 2023 Act was introduced in December 2023 to "countermand" the March 2023 judgment. The first CEC appointed under the new law is Gyanesh Kumar . Prior to the judgment, appointments were made by the President on the advice of the Prime Minister, a practice the Court likened to a "transient or stop‑gap arrangement" persisting for seven decades. UPSC Relevance This case illustrates the delicate balance between the judicial independence and the powers of the Executive . Understanding the constitutional provisions governing the Election Commission (Article 324) and the role of the ECI is essential for GS‑2 questions on democratic institutions and electoral reforms. Way Forward The Supreme Court will hear further arguments on 7 May 2026. The outcome will determine whether Parliament’s 2023 Act stands or if the appointment mechanism reverts to the Court‑prescribed committee, thereby preserving the intended independence of the Election Commission.