Chief Election Commissioner Appointment Act 2023: Supreme Court Split Verdict & Review

The Supreme Court bench, which heard petitions challenging the 2023 law enacted to exclude the Chief Justice of India (CJI) from the committee for the appointment of the Chief Election Commissioner and Election Commissioners, delivered a split verdict.

Following the divergent opinions of the bench comprising Justice Dipankar Datta and Justice Satish Chandra Sharma, the bench of Chief Justice Surya Kant is considering forming a Constitution Bench.

📚 School Textbook Link: 10th Standard / 12th Standard · Political Science · 10th Social: Unit 2 (The Central Government) / 12th Polity: Unit 6 (Election Commission & Judiciary) · Election Commission of India, Article 324, Procedures for Appointment of Election Commissioners & Anoop Baranwal Case

🎯 TNPSC Exam Key Notes:

• Article 324: Power of superintendence, direction and control of elections is vested in the Election Commission.
• 2023 Election Commissioner Appointment Act: The selection committee comprises (1) Prime Minister, (2) Leader of Opposition in Lok Sabha, (3) Union Cabinet Minister.
• March 2023 Anoop Baranwal Landmark Verdict: Ordered that the CJI should be on the committee until a law is passed by Parliament.
• Current Supreme Court Case: As judges delivered a Split Verdict, the matter has gone to the Chief Justice for consideration.
• Election Commission Structure: One Commissioner from 1950; 3 members in 1989; permanently a body of 1 Chief Election Commissioner + 2 Election Commissioners since 1993.
• Tenure of Commissioners: 6 years or up to 65 years of age (whichever is earlier).

📌 KEY FOR TNPSC:

• Articles 324 to 329: Constitutional provisions related to elections (Part 15).
• Election Commissioner Selection Committee 2023 Act: Prime Minister + Leader of Opposition + Union Cabinet Minister.