Overview
The Supreme Court on 14 May 2026 questioned the wisdom of placing a Union Cabinet Minister in the three‑member committee that appoints the Chief Election Commissioner (CEC) and Election Commissioners (ECs) under the Election Commissioners Act, 2023. The bench, comprising Justices Dipankar Datta and Satish Chandra Sharma, heard petitions challenging the law’s constitutional validity, especially its impact on the independence guaranteed by Article 324.
Key Developments
- Petitioners argue that the selection committee – Prime Minister, a Union Cabinet Minister nominated by the Prime Minister, and the Leader of Opposition – gives the executive a majority, undermining the perception of independence.
- Justice Datta emphasized that independence must be both real and perceived; a neutral third member is essential.
- Retired IAS officer S.N. Shukla, representing petitioner Lok Prahari, labelled the amendment that replaced the Cabinet Secretary with a Union Minister as a “fraud on the Constitution”.
- The Attorney General, R Venkataramani, contended that the law should be judged on the actual functioning of the Commission, not on abstract assumptions.
- The bench noted that the matter may require a Constitution Bench under Article 142 if new constitutional questions arise.
Important Facts
1. The 2023 Act creates a three‑member selection committee: Prime Minister, a Union Cabinet Minister nominated by the Prime Minister, and the Leader of Opposition.
2. Petitioners claim the law violates Article 324 and the equality clause Article 14.
3. The current CEC, Gyanesh Kumar, and EC, Sukhbir Singh Sandhu, are criticised for lacking prior experience as State Chief Electoral Officers.
4. The President’s approval of