Polity & Governance GS 2 In the news 8 times

Anoop Baranwal v. Union of India (2023)

Supreme Court Judgment on CEC Appointment

Before the 2023 Act, the CEC was appointed by the President on the sole advice of the Prime Minister — there was no statutory or constitutional framework beyond Article 324. In the landmark Anoop Baranwal case, a Constitution Bench of the Supreme Court held that until Parliament enacted a law, CEC appointments should be made on the recommendation of a committee comprising the Prime Minister, the Chief Justice of India, and the Leader of the Opposition.

Key details

The Supreme Court judgment came in March 2023 and was unanimous (5-0 bench)
The Court used the doctrine of constitutional silence: where the Constitution empowers Parliament to act but Parliament has not, the courts can fill the gap to protect constitutional values
The judgment was immediately superseded by the Chief Election Commissioners Act, 2023 — passed before the first appointment under the court-mandated mechanism could take place
The 2023 Act excluded the Chief Justice of India from the selection committee (replacing with a Cabinet Minister), drawing criticism that this diluted the independence safeguard the Supreme Court had prescribed

In the news

● Tracked since April 19, 2026 · last seen May 15, 2026 · updates as the daily brief publishes

15 May '26

CJI on panel to pick CEC not statutory need: Govt

Polity & Governance

14 May '26

SC: Present set-up lets govt pick CEC, ECs of its choice

Polity & Governance

08 May '26

‘Tyranny of the elected’: Why Supreme Court has flagged Election Commission appointment procedure

Polity & Governance

07 May '26