What happened in the Supreme Court hearing
The Supreme Court hearing concerns a constitutional challenge to the 2023 law on the appointment of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs).
The Union government defended the 2023 law by arguing that the Chief Justice of India (CJI) is not necessarily required to be on the Prime Minister’s appointment panel for selecting the CEC and ECs.
The Union government also argued by analogy. The Union government submitted that if the Prime Minister’s decision cannot be trusted in the election appointment context, then comparable safeguards should also apply to other appointments made through the Prime Minister’s decision, including selection of Cabinet Ministers where an outsider or a former judge may advise.
The hearing bench was led by Justice Dipankar Datta. Justice Dipankar Datta stressed the principle that “justice must be shown to be done”—the appointment process should appear neutral and fair, not only be neutral in outcome.
Justice Dipankar Datta noted a perceived imbalance in the selection mechanism, describing a two-versus-one tilt between Executive-side members and Opposition-side members.
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