SC Questions CEC Appointment Act: ‘Why Minister, Not a Neutral Person?’ | CLAT 2027

Constitutional & Legal Framework

• Article 324 — vests superintendence, direction and control of elections in the Election Commission of India.
• Article 145(3) — substantial questions of constitutional law must be decided by a bench of at least 5 judges.
• CEC and Other ECs Act, 2023 — panel = PM + LoP + Cabinet Minister nominated by PM; replaced CJI.
• Anoop Baranwal v UOI (2023) — mandated CJI-led panel for ECI appointments until Parliament legislated.
• T N Seshan v UOI (1995) — affirmed CEC’s independence and the Commission’s plenary powers.
• Kesavananda Bharati (1973) — free and fair elections held to be part of basic structure.
• Article 324(5) — CEC removable only like a Supreme Court judge (impeachment).

Why It Matters for CLAT 2027

High-probability passage angles:

• Independence of constitutional bodies and the doctrine of institutional integrity.
• Basic structure doctrine applied to electoral democracy — Kesavananda Bharati v Kerala.
• Doctrine of separation of powers and executive over-reach.
• Comparison: CAG, UPSC, ECI appointment mechanisms.
• Parliamentary supremacy vs judicial guidelines — Vishaka v Rajasthan analogy.
• Free and fair elections as a facet of Article 14 and Article 19(1)(a).

Key Facts to Memorise

• Bench: Justices Dipankar Datta + S C Sharma
• Statute challenged: CEC and Other ECs Act, 2023
• Selection panel: PM + LoP + Cabinet Minister (2:1)
• Article: 324 (ECI)
• Key precedent: Anoop Baranwal v UOI (March 2023)
• Earlier landmark: T N Seshan v UOI (1995)
• Basic structure case: Kesavananda Bharati v Kerala (1973)
• CEC term: 6 years or 65 years, whichever earlier
• ECI established: 25 January 1950

Mnemonic / Quick Recall

“PLC picks ECI”
Prime Minister
Leader of Opposition
Cabinet Minister
— the 2023 Act trio (no CJI) that the SC is now scrutinising.

Practice Quiz — 10 CLAT-Style Questions

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