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Supreme Court सुनवाई में चुनौती दे रहा है Election Commissioners Act, 2023 को कार्यकारी प्रभुत्व के ऊपर

Supreme Court उन याचिकाओं की सुनवाई कर रहा है जो Election Commissioners Act, 2023 को चुनौती देती हैं, जो Prime Minister को Election Commissioners की नियुक्ति पर निर्णायक नियंत्रण देती है, जिससे आयोग की स्वतंत्रता कमजोर हो सकती है। याचिकाकर्ता Anoop Baranwal निर्णय का हवाला देते हुए तर्क देते हैं कि कार्यकारी प्रभुत्व निरपेक्षता के संवैधानिक सिद्धांतों का उल्लंघन करता है, जो UPSC Polity के लिए एक प्रमुख मुद्दा है।
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 <span class="key-term" data-definition="Chief Justice of India — The senior-most judge of the Supreme Court,
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Overview

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Supreme Court challenges 2023 Act that lets the Prime Minister dominate Election Commission appointments

Key Facts

  1. The Supreme Court is hearing W.P.(C) No.14/2024 challenging the Election Commissioners Act, 2023.
  2. The 2023 Act forms a three‑member selection committee of the Prime Minister, a minister nominated by the Prime Minister, and the Leader of the Opposition; the Chief Justice of India is excluded.
  3. The Act was passed by Parliament in 2023, raising concerns over executive dominance in appointing the Chief Election Commissioner and other EC members.
  4. Petitioners invoke the Anoop Baranwal v. Union of India (2023) judgment, which prescribed a balanced committee (PM, LoP, CJI) as an interim mechanism.
  5. Senior Advocate Vijay Hansaria argues that the Constitution envisages an independent Election Commission free from the "government of the day".

Background & Context

The issue tests the constitutional principle of institutional independence of the Election Commission, a cornerstone of free and fair elections. It also highlights the Supreme Court's role in checking legislative actions that may upset the balance of power between the executive and constitutional bodies.

UPSC Syllabus Connections

Prelims_GS•Constitution and Political SystemGS2•Executive and Judiciary - structure, organization and functioningPrelims_GS•Modern India and Freedom StrugglePrelims_GS•National Current AffairsGS2•Historical underpinnings, evolution, features, amendments, significant provisions and basic structureGS4•Dimensions of ethics - private and public relationshipsGS2•Constitutional posts, bodies and their powers and functionsGS2•Parliament and State Legislatures - structure, functioning, powers and privilegesGS4•Ethics in public administration, ethical concerns and dilemmasGS2•Representation of People's Act

Mains Answer Angle

In GS Paper II (Polity), candidates can analyse the tension between executive control and the autonomy of constitutional institutions, framing a answer on how judicial scrutiny safeguards democratic governance.

Full Article

<p>The <strong>Supreme Court</strong> is hearing petitions that question the constitutional validity of the <span class="key-term" data-definition="Election Commissioners Act, 2023 — A law enacted by Parliament that fixes the composition of the committee for appointing the Chief Election Commissioner and other Election Commissioners, raising issues of institutional independence (GS2: Polity)">Election Commissioners Act, 2023</span>. Petitioners argue that the Act gives the <span class="key-term" data-definition="Prime Minister — Head of the executive branch of the Government of India, whose recommendation under the 2023 Act could effectively decide the appointment of Election Commissioners (GS2: Polity)">Prime Minister</span> a decisive edge, thereby compromising the autonomy of the <span class="key-term" data-definition="Election Commission of India — Constitutional body responsible for administering free and fair elections to the Parliament, State Legislatures and the President/Vice‑President (GS2: Polity)">Election Commission of India</span> (ECI).</p> <h3>Key Developments</h3> <ul> <li>A two‑judge bench of <strong>Justice Dipankar Datta</strong> and <strong>Justice Satish Chandra Sharma</strong> is hearing the batch of petitions (W.P.(C) No. 14/2024).</li> <li>The petitions invoke the precedent set in <span class="key-term" data-definition="Anoop Baranwal v. Union of India — 2023 Supreme Court judgment that laid down an interim, multi‑member selection committee (PM, LoP, CJI) for appointing Election Commissioners until Parliament legislates (GS2: Polity)">Anoop Baranwal v. Union of India</span>, contending that the 2023 Act violates its spirit.</li> <li>Senior Advocate <strong>Vijay Hansaria</strong> emphasised that the Constitution Assembly stressed an independent, impartial Election Commission, free from the "government of the day".</li> <li>He argued that executive dominance creates a conflict of interest, likening it to the need for judicial independence from the executive.</li> <li>Justice Datta questioned whether a parliamentary law must be bound by the interim mechanism prescribed in the <span class="key-term" data-definition="Anoop Baranwal judgment — Supreme Court decision that temporarily filled the vacuum in the appointment process, stressing the need for a balanced committee (GS2: Polity)">Anoop Baranwal judgment</span>.</li> </ul> <h3>Important Facts</h3> <ul> <li>The selection committee under the 2023 Act comprises the <span class="key-term" data-definition="Prime Minister — See definition above (GS2: Polity)">Prime Minister</span>, a minister nominated by the Prime Minister, and the <span class="key-term" data-definition="Leader of the Opposition — Head of the largest opposition party in the Lok Sabha, representing an alternative voice in parliamentary proceedings (GS2: Polity)">Leader of the Opposition (LoP)</span>. The <span class="key-term" data-definition="Chief Justice of India — The senior-most judge of the Supreme Court,
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Practice Questions

Prelims
Easy
Prelims MCQ

इलेक्शन कमिशन नियुक्ति प्रक्रिया

1 marks
3 keywords
GS2
Medium
Mains Short Answer

कार्यकारी निर्णयों की न्यायिक समीक्षा

10 marks
4 keywords
GS2
Hard
Mains Essay

संवैधानिक संस्थानों की स्वतंत्रता

25 marks
5 keywords
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Key Insight

Supreme Court challenges 2023 Act that lets the Prime Minister dominate Election Commission appointments

Key Facts

  1. The Supreme Court is hearing W.P.(C) No.14/2024 challenging the Election Commissioners Act, 2023.
  2. The 2023 Act forms a three‑member selection committee of the Prime Minister, a minister nominated by the Prime Minister, and the Leader of the Opposition; the Chief Justice of India is excluded.
  3. The Act was passed by Parliament in 2023, raising concerns over executive dominance in appointing the Chief Election Commissioner and other EC members.
  4. Petitioners invoke the Anoop Baranwal v. Union of India (2023) judgment, which prescribed a balanced committee (PM, LoP, CJI) as an interim mechanism.
  5. Senior Advocate Vijay Hansaria argues that the Constitution envisages an independent Election Commission free from the "government of the day".

Background

The issue tests the constitutional principle of institutional independence of the Election Commission, a cornerstone of free and fair elections. It also highlights the Supreme Court's role in checking legislative actions that may upset the balance of power between the executive and constitutional bodies.

UPSC Syllabus

  • Prelims_GS — Constitution and Political System
  • GS2 — Executive and Judiciary - structure, organization and functioning
  • Prelims_GS — Modern India and Freedom Struggle
  • Prelims_GS — National Current Affairs
  • GS2 — Historical underpinnings, evolution, features, amendments, significant provisions and basic structure
  • GS4 — Dimensions of ethics - private and public relationships
  • GS2 — Constitutional posts, bodies and their powers and functions
  • GS2 — Parliament and State Legislatures - structure, functioning, powers and privileges
  • GS4 — Ethics in public administration, ethical concerns and dilemmas
  • GS2 — Representation of People's Act

Mains Angle

Explore:Current Affairs·Editorial Analysis·Govt Schemes·Study Materials·Previous Year Questions·UPSC GPT

In GS Paper II (Polity), candidates can analyse the tension between executive control and the autonomy of constitutional institutions, framing a answer on how judicial scrutiny safeguards democratic governance.

Supreme Court सुनवाई में चुनौती दे रहा है ... | UPSC Current Affairs