Supreme Court of India Questions Election Commissioner Appointment Law

The Supreme Court of India questioned the constitutional validity of the 2023 Act governing the appointment of the Chief Election Commissioner and other Election Commissioners during hearings on May 14, 2026. A bench comprising Justices Dipankar Datta and Satish Chandra Sharma challenged the law for replacing the Chief Justice of India with a Prime Minister-nominated Cabinet Minister on the selection panel. The court observed that this composition grants the executive total control, rendering the Leader of the Opposition's role "ornamental" and a mere "show of independence."

Justices emphasized that for elections to remain free and fair, the Election Commission of India must not only be independent but also appear independent to the public. The proceedings, stemming from petitions by the Association for Democratic Reforms and others, examine whether the law violates Articles 14 and 324 of the Constitution. The court specifically questioned why a neutral member was excluded, noting that a Cabinet Minister is unlikely to defy the Prime Minister.

Attorney General R. Venkataramani defended the legislation, asserting that the court cannot dictate legislative form to Parliament and that independence would be proven by the conduct of commissioners after their appointment. He described a previous judicial ruling on the matter as an interim arrangement. The court ordered the Government of India to preserve all records regarding the March 2024 appointments of Election Commissioners Gyanesh Kumar and Sukhbir Singh Sandhu.