Justice Datta delivered a split verdict on the constitutionality of the CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023.
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Minister in CEC-EC selection panel fails ‘perception test’, says Justice Datta in split verdict
In a split verdict, Supreme Court Justice Datta held that the inclusion of a Union Minister in the selection panel for the Chief Election Commissioner and Election Commissioners fails the 'perception test' of independence, as the Minister cannot be expected to defy the Prime Minister due to collective responsibility. This case challenges the constitutional validity of the CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023, which replaced the Chief Justice of India in the selection committee with a Union Minister. The ruling is significant for UPSC, State PSCs, and other exams as it directly impacts the debate on the independence of constitutional bodies like the Election Commission of India.
Source: The Hindu. This summary and analysis are AI-written from that report and are not individually fact-checked — confirm names, dates and figures with the source before you rely on them.
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The Act changed the selection committee for CEC and ECs from the original Chief Justice of India-led panel to one comprising the Prime Minister, a Union Minister, and the Leader of Opposition.
Justice Datta held that the Union Minister's presence fails the 'perception test' of independence because the Minister cannot defy the Prime Minister due to collective responsibility under Article 75.
The case challenges the removal of the Chief Justice of India from the selection panel, a key feature of the 2023 Act.
The split verdict means the matter may be referred to a larger bench for final resolution.
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