The Supreme Court is hearing petitions that question the constitutional validity of the Election Commissioners Act, 2023. Petitioners argue that the Act gives the Prime Minister a decisive edge, thereby compromising the autonomy of the Election Commission of India (ECI).
Key Developments
- A two‑judge bench of Justice Dipankar Datta and Justice Satish Chandra Sharma is hearing the batch of petitions (W.P.(C) No. 14/2024).
- The petitions invoke the precedent set in Anoop Baranwal v. Union of India, contending that the 2023 Act violates its spirit.
- Senior Advocate Vijay Hansaria emphasised that the Constitution Assembly stressed an independent, impartial Election Commission, free from the "government of the day".
- He argued that executive dominance creates a conflict of interest, likening it to the need for judicial independence from the executive.
- Justice Datta questioned whether a parliamentary law must be bound by the interim mechanism prescribed in the Anoop Baranwal judgment.
Important Facts
- The selection committee under the 2023 Act comprises the Prime Minister, a minister nominated by the Prime Minister, and the Leader of the Opposition (LoP). The