Supreme Court Hearing on the 2023 CEC Appointment Law
The Union government appeared before the Supreme Court on 30 July 2026 to challenge the insistence that the CJI must sit on the PM’s panel that selects the CEC. The government argued that if the PM cannot be trusted, an “outsider” or former judge should also advise on Cabinet minister appointments.
Key Developments
- Petitions challenge the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023, claiming it defeats the Anoop Baranwal judgment.
- Justice Dipankar Datta questioned the lack of a neutral member on the selection committee, noting a “two versus one” tilt favouring the Executive.
- Solicitor General Tushar Mehta cited a 2014 apex court judgment (Manoj Narula case) to defend the constitutional trust placed in the PM’s office.
- The court reserved judgment on whether the matter should be referred to a five‑judge Constitution Bench.
Important Facts
The 2023 Act replaced the CJI’s seat on the CEC selection panel with a Cabinet Minister nominated by the PM. Earlier, the ECI appointments were made by the President on the advice of the