Why in News The Supreme Court of India flagged the current procedure for appointing Election Commissioners as a “tyranny of the elected,” questioning whether an executive-dominated selection committee can ensure genuine institutional independence of the Election Commission of India (ECI). The observation came on May 7, 2026, during a hearing on petitions challenging the CEC and Other ECs Act, 2023.
Constitutional Framework: Article 324
Article 324 of the Constitution vests the superintendence, direction, and control of elections to Parliament and State Legislatures in the Election Commission of India. It empowers the President to appoint the Chief Election Commissioner (CEC) and other Election Commissioners (ECs).
The Constitution is deliberately silent on the process for these appointments – a gap that has been a persistent governance challenge.
Composition of ECI
- 1 Chief Election Commissioner + 2 Election Commissioners (since 1993)
- CEC and ECs have equal voting power; CEC cannot be removed without both houses of Parliament passing resolutions – same as removal of a Supreme Court judge
The 2023 Act: A New Appointment Mechanism
Anoop Baranwal Case (2023)
In March 2023, a five-judge Constitution Bench in Anoop Baranwal v. Union of India unanimously held that the appointment process for CEC and ECs required an independent mechanism. The Court recommended a three-member selection committee comprising:
- Prime Minister
- Leader of Opposition (LoP) in Lok Sabha
- Chief Justice of India
The judgment held this arrangement should apply until Parliament enacted a law.
Parliament’s Response: CEC and Other ECs Act, 2023
Parliament swiftly enacted the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which established a three-member selection committee comprising:
- Prime Minister (Chair)
- A Union Cabinet Minister (nominated by PM)
- Leader of Opposition in Lok Sabha (or Leader of the largest opposition party)
The Chief Justice of India was explicitly excluded from the panel – replacing the court’s recommended inclusion with a Cabinet Minister.
The Current Controversy: ‘Tyranny of the Elected’
The Supreme Court’s observation that the process constitutes “tyranny of the elected” captures the structural problem:
| Issue | Detail |
|---|---|
| Executive dominance | PM + PM-nominated Cabinet Minister = 2 of 3 votes |
| Structural conflict of interest | The government appoints the body that oversees its own elections |
| CJI exclusion | Parliament overrode SC’s express recommendation |
| LoP as nominal check | LoP can dissent but is outvoted 2:1 |
What Makes ECI’s Independence Critical
- Conducts elections to Lok Sabha (543 seats), all State Assemblies, and Offices of President and Vice President
- Can impose Model Code of Conduct on the government
- Has powers to disqualify candidates, postpone elections, redraw schedules
- Its decisions directly affect the electoral fortunes of the ruling party
When the body that sets the rules is appointed by those who benefit from the rules, structural independence is compromised regardless of individual appointees’ integrity.
Comparative Practice
| Country | Appointment Mechanism |
|---|---|
| India (2023) | PM + Cabinet Minister + LoP |
| UK (Electoral Commission) | Speakers’ Committee of Parliament (cross-party) |
| South Africa | National Assembly nomination, independent panel |
| Canada (Chief Electoral Officer) | Appointed by resolution of House of Commons |
| Australia (AEC) | Statutory appointment, independent commission |
UPSC Relevance
GS Paper 2 – Polity and Governance
- Constitutional position of ECI (Article 324)
- Judicial review of parliamentary legislation
- Independence of constitutional bodies
- Separation of powers and checks and balances
Mains Angles
- Critically examine the extent to which the CEC and Other ECs Act, 2023 safeguards the independence of the Election Commission of India.
- “An election commission that owes its appointment to the executive it oversees cannot be structurally independent.” Comment.
- Compare the appointment mechanisms of constitutional bodies in India with practices in mature democracies.
Facts Corner – Knowledgepedia
ECI and Appointments:
- Article 324: Vests election superintendence in ECI; President appoints CEC and ECs
- ECI composition: 1 CEC + 2 ECs (since 1993)
- CEC removal: same procedure as SC judge (address by both Houses of Parliament)
- Anoop Baranwal v. UoI (2023): SC recommended PM + LoP + CJI panel
- CEC and Other ECs Act, 2023: PM + Cabinet Minister (PM-nominated) + LoP; CJI excluded
- SC’s phrase: “tyranny of the elected” – institutional conflict of interest (May 7, 2026 hearing)
- ECI oversees: Lok Sabha, State Assemblies, President and VP elections
- Model Code of Conduct: ECI-enforced, not statutory – constitutional convention
