Key Terms & Concepts — UPSC Mains
Anoop Baranwal v. Union of India
"Landmark March 2023 SC verdict directing a CJI-led panel for ECI appointments — subsequently diluted by the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023."
Anoop Baranwal v. Union of India (Writ Petition (Civil) No. 104 of 2015) is a landmark Constitution Bench verdict of the Supreme Court of India, delivered on March 2, 2023 by a 5-judge bench (Justices K.M. Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and C.T. Ravikumar). The Court held that the appointment of the Chief Election Commissioner and other Election Commissioners shall be made by the President of India on the advice of a committee consisting of: (1) the Prime Minister; (2) the Leader of the Opposition (or the leader of the largest opposition party); and (3) the Chief Justice of India — until Parliament enacts a law on the subject. The verdict aimed to insulate ECI appointments from purely executive selection and ensure institutional independence. The Government responded by passing the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 (December 2023), which dilutes the Court's framework by replacing the CJI with a Union Cabinet Minister nominated by the Prime Minister — effectively giving the executive a 2-1 majority on the panel. This Act remains under constitutional challenge.
GS2 (judiciary, ECI independence, constitutional bodies). Prelims: judgment date, bench, the three-member panel composition (original vs amended). Mains: institutional independence of ECI, executive vs judicial primacy in constitutional appointments.
- 1 Judgment date: March 2, 2023
- 2 5-judge Constitution Bench
- 3 Justices: K.M. Joseph (presiding), Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, C.T. Ravikumar
- 4 Panel directed: PM + LoP + CJI
- 5 Government response: ECI Appointment Act, 2023 (December 2023)
- 6 Act dilution: replaced CJI with a Union Cabinet Minister (PM nominee)
- 7 Effect: executive holds 2-1 majority on appointment panel
- 8 Constitutional anchor: Article 324
- 9 Act under constitutional challenge in SC
S.Y. Quraishi (17th CEC), in his May 29, 2026 Indian Express column on SIR, called for restoring the Anoop Baranwal-directed CJI-led panel for ECI appointments — arguing the 2023 Act has compromised institutional independence.
