EST. 2023
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The ECI Scam

The appointment of the chief election commissioner: The sham independence of the country's most independent commission.

The Election Commission of India (ECI) is an important institution because it is responsible for conducting elections in the country. Recently, the Supreme Court heard a case challenging the law that deals with the appointment of the Chief Election Commissioner and other Election Commissioners. The case has raised questions about how independent the Election Commission should be while making important decisions.

The issue goes back to a 2023 Supreme Court judgment in the case of Anoop Baranwal v. Union of India. At that time, the Court said that, until Parliament made a law on the appointment process, Election Commissioners should be selected by a committee consisting of the Prime Minister, the Leader of the Opposition and the Chief Justice of India (CJI). Parliament later passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. Under this law, the CJI was replaced by a Union Cabinet Minister nominated by the Prime Minister.

On September 23, 2026, a two-judge Supreme Court Bench consisting of Justices Dipankar Datta and S.C. Sharma gave a split decision on whether the challenge to this law should be heard by a larger Constitution Bench. Justice Datta and Justice Sharma had different views on this question. Justice Datta did not agree with the request to refer the case to a larger Bench, while Justice Sharma felt that the case involved an important question of law that should be considered by a larger Bench.

Even though the two judges disagreed, they both agreed that the matter should be placed before the Chief Justice of India so that a larger Bench could be considered. This means that the final decision on the validity of the law has not yet been made.

Justice Datta also discussed the importance of the Election Commission being independent and being seen as independent by the public. He questioned whether a Cabinet Minister nominated by the Prime Minister would provide enough independence in the selection process. He also discussed the difference between the Election Commission’s appointment process and the system used for appointing judges.

Another important point was the delay that can happen when constitutional matters are sent to larger Benches. Justice Datta suggested that the Chief Justice could consider having a permanent five-judge Bench for constitutional matters.

Overall, the case is important because it deals with the way Election Commissioners are appointed and the constitutional principles surrounding the independence of the Election Commission.

The larger Bench will have to examine the legal questions before a final decision is reached. Justice Datta also discussed the importance of the Election Commission being independent and being seen as independent by the public. He questioned whether a Cabinet Minister nominated by the Prime Minister would provide enough independence in the selection process. He also discussed the difference between the Election Commission’s appointment process and the system used for appointing judges.

Another important point was the delay that can happen when constitutional matters are sent to larger Benches. Justice Datta suggested that the Chief Justice could consider having a permanent five-judge Bench for constitutional matters.

Overall, the case is important because it deals with the way Election Commissioners are appointed and the constitutional principles surrounding the independence of the Election Commission. The larger Bench will have to examine the legal questions before a final decision is reached.

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