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Polity & Governance May 06, 2026 5 min read Daily brief · #20 of 27

'More important than any other matter': SC refuses to adjourn hearing on EC appointments law

A Supreme Court bench declined to postpone hearings on petitions challenging the constitutional validity of the Chief Election Commissioner and Other Electio...

GS Paper 2

What Happened

  • A Supreme Court bench declined to postpone hearings on petitions challenging the constitutional validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
  • The bench stated that the matter is "more important than any other matter," rejecting the Solicitor General's request for adjournment on the grounds that he was occupied with the Sabarimala hearing before a nine-judge bench
  • Justice Datta, part of the hearing bench, noted the irony that nine judges were engaged in a case where even the PIL's maintainability was being questioned, while this constitutionally critical matter awaited hearing
  • Petitioners were allowed to commence arguments challenging the Act's constitutionality

Static Topic Bridges

Article 324 of the Constitution — Election Commission

Article 324 vests the superintendence, direction, and control of elections in an Election Commission. Article 324(2) states that the CEC and other Election Commissioners shall be appointed by the President, "subject to the provisions of any law made in that behalf by Parliament." This clause was the constitutional hook Parliament used to legislate the 2023 Act, but the 2023 Act's content — specifically the exclusion of the Chief Justice of India from the selection panel — is what is under judicial challenge.

  • Article 324(5) protects the CEC: removal only possible through a process identical to that for a Supreme Court Judge (address of both Houses of Parliament on grounds of proved misbehaviour or incapacity)
  • Other Election Commissioners can only be removed on the recommendation of the CEC
  • Article 324(2) expressly anticipated a Parliamentary law regulating appointments — that anticipation is now the centre of dispute

Connection to this news: The petitioners argue that while Parliament has the power to legislate the appointment process under Article 324(2), the specific composition of the Selection Committee under the 2023 Act — removing the CJI and replacing the independent judicial voice with a Cabinet Minister nominated by the Prime Minister — undermines the constitutional spirit of an independent Election Commission.

Anoop Baranwal v. Union of India (2023) — Constitution Bench Directive

In Anoop Baranwal v. Union of India (2023), a five-judge Constitution Bench directed that, until Parliament enacted a law, the appointment of the CEC and Election Commissioners would be made on the advice of a committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India. This direction was explicitly described as an interim arrangement pending legislation.

  • The 2023 Supreme Court judgment was unanimous — all five judges agreed on the constitutional infirmity of purely executive appointments
  • The Court held that an independent Election Commission is essential to free and fair elections, which are part of the basic structure of the Constitution
  • Parliament responded by enacting the 2023 Act, which introduced a statutory Selection Committee — but dropped the CJI, replacing that seat with a Union Cabinet Minister

Connection to this news: The present petitions argue that the 2023 Act contravenes the ratio of the Anoop Baranwal judgment by restoring executive dominance over Election Commission appointments, making the selection panel a 2:1 majority for the ruling government.

Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023

Enacted on 28 December 2023, this Act for the first time legislatively codified the appointment process for the CEC and Election Commissioners. The statutory Selection Committee consists of the Prime Minister (Chairperson), the Leader of the Opposition in Lok Sabha (or leader of the largest opposition party if there is no official LoP), and a Union Cabinet Minister nominated by the Prime Minister.

  • CEC and ECs serve a six-year term or until the age of 65, whichever is earlier
  • Members are not eligible for re-appointment
  • A person who served as an EC can be elevated to CEC, but combined tenure cannot exceed six years
  • The salary and service conditions of the CEC are equated with those of a Supreme Court Judge

Connection to this news: Critics contend that with the PM-nominated Cabinet Minister filling the slot vacated by the CJI, the government effectively controls two of the three seats on the Selection Committee, making genuine independence illusory. This is the core challenge pending adjudication.

Judicial Review and Legislative Override of Constitutional Bench Directions

When Parliament enacts a law in direct response to a Supreme Court constitutional bench direction, a complex separation-of-powers question arises: can Parliament legislate away the substance of a judicial direction if it acts within the formal limits of its power?

  • The Supreme Court has held that Parliament cannot by legislation overrule a judicial interpretation of the Constitution — it can only amend the Constitution itself (subject to the basic structure doctrine)
  • The question here is whether the Anoop Baranwal judgment laid down a constitutional principle (judicial independence in appointments) or merely an interim procedural arrangement that Parliament could legitimately modify

Connection to this news: The Court's own statement — calling this case "more important than any other matter" — signals that the bench views the independence of the Election Commission as a foundational constitutional question, not a mere procedural one.

Key Facts & Data

  • The 2023 Act was enacted on 28 December 2023 and replaced the arrangement mandated in Anoop Baranwal v. Union of India (2023)
  • The current Selection Committee under the 2023 Act: Prime Minister + Leader of Opposition + Union Cabinet Minister (PM-nominated) — the CJI has been excluded
  • Petitioners include Congress leader Jaya Thakur and the Association for Democratic Reforms
  • CJI Sanjiv Khanna had earlier recused from hearing the petitions; the case is now before a bench led by Justice Surya Kant
  • Article 324 places the CEC on protection parity with a Supreme Court Judge for removal purposes
  • The Election Commission of India has three members: one CEC and up to two Election Commissioners
On this page
  1. What Happened
  2. Static Topic Bridges
  3. Article 324 of the Constitution — Election Commission
  4. Anoop Baranwal v. Union of India (2023) — Constitution Bench Directive
  5. Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
  6. Judicial Review and Legislative Override of Constitutional Bench Directions
  7. Key Facts & Data
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