'Tyranny of the elected': Why Supreme Court has flagged Election Commission appointment procedure

📌 Summary:

• Supreme Court (Bench of Justices Dipankar Datta and Satish Chandra Sharma) on May 7, 2026, described Parliament's decades-long delay in enacting a law for Election Commission appointments as "tyranny of the elected"

• The bench was hearing challenges to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023

• Background: In Anoop Baranwal v. Union of India (2023), SC ruled that until Parliament enacted a law, Election Commissioners would be appointed by a committee of PM, Leader of Opposition, and the CJI — meant to fill the legislative vacuum

• The 2023 Act removed the Chief Justice of India (CJI) from the selection panel, replacing CJI with a Union Cabinet minister nominated by the PM — this change is under legal challenge

• Current composition of selection panel under the Act: PM (Chair), one Cabinet minister (PM's nominee), Leader of Opposition — critics say this gives the ruling party 2 of 3 votes, undermining independence

• The Act's Section 6 creates a search committee headed by Law Minister; Section 8(2) allows the selection committee to bypass the shortlist and consider "any other person" — giving wide discretionary power

• February 2025: PM, HM Amit Shah, and LoP Rahul Gandhi met to appoint current CEC Gyanesh Kumar; Gandhi submitted a dissent note requesting deferral until SC decided on petitions

• Court noted that political parties in opposition always championed CJI's inclusion, but once in power, changed positions — illustrating systemic conflict of interest

🎯 UPSC Relevance: GS2 – Constitutional Bodies → Election Commission. Critical for understanding the independence of EC, judicial review of appointment laws, separation of powers, and the ongoing constitutional challenge.

📝 Prelims Facts:

• CEC & EC Appointment Act 2023: Removes CJI from selection panel; replaced by PM-nominated Cabinet minister

• Selection panel: PM (Chair) + Cabinet minister (PM nominee) + Leader of Opposition

• Anoop Baranwal v. Union of India (2023): SC directed CJI-inclusive committee until Parliament acts

• Current CEC: Gyanesh Kumar (appointed February 2025)

• The petition challenging the Act was filed in 2024

🔑 Key Term: Constitutional Body — An institution established directly by the Constitution (like the Election Commission under Article 324); its independence is constitutionally guaranteed and cannot be easily diluted by ordinary legislation.