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Supreme Court Questions Cabinet Minister’s Role in Panel Picking Election Commissioners

The case tests whether replacing the Chief Justice with a Union minister on the 2023 selection panel undermines the Election Commission’s independence.

Overview

  • During Thursday’s hearing, a two-judge bench said a Cabinet minister alongside the Prime Minister creates a built-in 2–1 majority over the Leader of Opposition.
  • The judges stressed the poll body must not only be independent but also appear so, asking why no neutral third member is included when the CBI Director’s panel features the Chief Justice.
  • Attorney General R. Venkataramani defended Parliament’s 2023 law as a valid policy choice and urged the court to assess actual functioning, calling the Anoop Baranwal model a stop-gap.
  • The bench indicated it may refer substantial questions under Articles 14 and 324 to a five-judge Constitution Bench and listed further arguments for May 19.
  • Petitioners also contested the recent appointments of CEC Gyanesh Kumar and EC Sukhbir Sandhu for lacking specialised election experience, which the court said it will examine because public trust in elections turns on a credible selection process.