Supreme Court Questions Presence of Cabinet Minister on Election Commissioner Selection Panel

The Supreme Court questioned the inclusion of a Union Cabinet Minister in the selection panel for appointing the Chief Election Commissioner and Election Commissioners.

The Bench observed that for the Election Commission to be truly independent, it must also appear to be independent.

The Court noted that a neutral third party should ideally replace the Minister to prevent executive dominance over the process.

While the Attorney General argued that the 2023 Act is a valid exercise of legislative power, the Court suggested that these fundamental constitutional questions might require adjudication by a larger Constitution Bench.

[Association for Democratic Reforms v. UOI & Ors.]