CJI’s Role in CEC and EC Appointments
Context:
The Supreme Court recently clarified during ongoing hearings that the inclusion of the Chief Justice of India (CJI) in the high-level selection committee for the Chief Election Commissioner (CEC) and Election Commissioners (ECs) was strictly a temporary measure, intended to operate only until Parliament enacted a specific law
Background of the Dispute:
The Anoop Baranwal Judgment:
To address a long-standing "legislative vacuum," a Constitution Bench of the Supreme Court ruled in March 2023 that CEC and EC appointments must be made on the recommendation of a three-member committee comprising the Prime Minister, the Leader of the Opposition (LoP), and the Chief Justice of India.
This landmark ruling elevated the appointment process to be on par with that of the CBI Director.
Prior to this judgment, since the 1950s, appointments were made directly by the President on the advice of the Prime Minister.
The 2023 Legislative Overhaul:
In December 2023, Parliament enacted the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023.
Crucially, this new law removed the CJI from the selection panel, replacing the position with a Union Cabinet Minister.