Should Chief Election Commissioner, Election Commissioners Appointments Be Referred To Larger Constitution Bench, Supreme Court Split
GS2Polity · Governance · IR· Elections, ECI & electoral reforms· Prelims + Mains·
Executive influence vs judicial oversight: a key GS2 topic on constitutional appointments and electoral integrity.
Why in news
The Supreme Court gave split opinions on whether petitions challenging the 2023 law excluding the Chief Justice of India from selecting the CEC and ECs should be referred to a larger bench.
Background
The Supreme Court split on a petition challenging a 2023 law that excludes the Chief Justice of India from the selection process of the Chief Election Commissioner (CEC) and Election Commissioners (ECs). Justice Dipankar Datta declined the Centre's submission for a larger bench, while Justice Satish Chandra Sharma disagreed.
Facts for Prelims
- FactA 2023 law was enacted to exclude the Chief Justice of India from the selection process of the CEC and ECs.
- PostJustice Dipankar Datta and Justice Satish Chandra Sharma provided split opinions on the referral of the petition.
Prelims practice question
Which official is excluded from the selection process of the Chief Election Commissioner and Election Commissioners under the 2023 law?
- (a)Chief Justice of India
- (b)Speaker of the Lok Sabha
- (c)Lieutenant Governor
- (d)Attorney General of India
Show answer
Answer: (a) Chief Justice of India — A 2023 law was enacted to exclude the Chief Justice of India from the selection process of the CEC and ECs.
For Mains
Q. Examine the implications of executive influence on the appointment of the Chief Election Commissioner on the independence of the electoral process in India.
Dimensions to cover in your answer
- Institutional autonomy: Risk of executive dominance over the selection process of independent electoral bodies
- Judicial oversight: Conflict between judicial involvement and executive prerogative in constitutional appointments
Keywords: Judicial Independence · Executive Influence · Electoral Integrity · Constitutional Appointments · Separation of Powers
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