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Supreme Court Examines Validity of Excluding CJI from EC Selection Panel
The Supreme Court heard petitions challenging the Election Commission Appointment, Conditions of Service and Term of Office Act, 2023, which excludes the Chief Justice of India from the CEC/ECs selection panel. The court discussed whether the 2023 Anoop Baranwal judgment, meant to fill a vacuum, could be extended to nullify the new law, and noted Parliament's prerogative to legislate under Article 324(5). The hearing was adjourned to Thursday for further argument.
Why It Matters
The case tests the balance between judicial guidance and Parliament's authority over appointments to the Election Commission, with potential implications for the independence of CEC/ECs from executive influence.
Timeline
4 Events
Petitions filed by ADR and Jaya Thakur among others
May 7, 2026
The petitions challenging the EC appointments law were filed by the Association for Democratic Reforms (ADR) and Congress leader Jaya Thakur, among others.
Adjournment to Thursday as arguments remained inconclusive
May 7, 2026
As arguments by petitioners remained inconclusive, the court adjourned the matter to Thursday.
May 6, 2026: Supreme Court hearing on EC appointments law
May 6, 2026
A bench of Justices Dipankar Datta and SC Sharma heard petitions challenging the Election Commission Appointment, Conditions of Service and Term of Office Act, 2023. The court observed that the 2023 judgment, which addressed a vacuum, cannot be stretched to override the Parliament's law, and discussed Parliament's prerogative to legislate under Article 324(5). The court noted that the law replaces the CJI with a Union Cabinet minister in the selection panel.
2023 Anoop Baranwal judgment on EC appointments includes CJI in selection panel
2023
A five-judge bench in the Anoop Baranwal case noted that a law governing the appointment of the CEC/ECs had not been enacted since Independence and issued directions by forming a selection committee, modeled on the processes used for the CBI Director and the Chief Vigilance Commissioner. In these appointments too, the Chief Justice of India is part of the selection committee.