01Polity & Governance·9 min read·Prelims · Mains
CJI was only meant to have a say in CEC/EC appointments till Parliament brought a law: Supreme Court
This nine-judge constitution bench case is critical for UPSC as it tests understanding of Article 324(2), separation of powers, and the judiciary's role in checking executive dominance over constitutional bodies. The Anoop Baranwal judgment precedent and the Parliament's subsequent legislative override create a key exam question on whether the 2023 Act violates basic structure doctrine. Mains candidates should be ready for questions onElection Commission independence and constitutional interpretation of the appointment process.
- A nine-judge constitution bench headed by Chief Justice Surya Kant is hearing petitions challenging the 2023 CEC/EC Appointment Act
- The Supreme Court interpreted that the CJI's role in CEC/EC appointments was only meant to last until Parliament enacted a law
- The 2023 Act replaced the CJI with a Union Cabinet Minister in the appointment committee, countering a March 2023 Constitution Bench judgment (Anoop Baranwal vs Union of India)