SC on Election Commission Independence | UPSC

SC ON INDEPENDENCE OF ELECTION COMMISSION

Why in the News?

• SC Observation: Supreme Court of India stressed that free and fair elections require a truly independent Election Commission.
• Act Challenged: The court was hearing petitions against the Chief Election Commissioner and other Election Commissioners Act, 2023.
• Selection Panel Issue: Concerns were raised regarding the dominance of the Prime Minister-led selection committee in appointing Election Commissioners.

Key observations of the Supreme Court

• Neutrality Concern: The Bench questioned the absence of an “absolutely neutral person” in the appointment panel.
• Executive Dominance: The court observed that the Executive appeared empowered to “call the shots” in appointments.
• LoP’s Role: Judges questioned whether the presence of the Leader of Opposition was merely “ornamental”.
• Basic Structure: The court reiterated that free and fair elections form part of the Constitution’s Basic Structure doctrine.
• Constitution Bench: The Bench suggested referring the matter to a larger Constitution Bench for detailed examination.

Background of the controversy

• The dispute originates from the Anoop Baranwal v. Union of India verdict.
• The 2023 judgment proposed a selection committee comprising the Prime Minister, Leader of Opposition, and Chief Justice of India.
• Parliament later enacted the 2023 law replacing the Chief Justice of India with a Cabinet Minister nominated by the Prime Minister.
• Petitioners argued the legislation diluted institutional independence of the Election Commission.
• Concerns were also raised about the temporary appointment framework that could potentially compromise the autonomy of the Commission.
• The Union government defended the law, stating Parliament was not bound to replicate judicial recommendations exactly.