Appointment of Chief Election Commissioner: Anoop Baranwal Case and the CEC Act 2023
Who picks the umpire of Indian democracy? From 73 years of government choice to the 2023 Supreme Court ruling, the new Act and the 2026 Constitution Bench reference.
The lawAppointment of Chief Election Commissioner: Article 324(2) and the 2023 Act
Article 324. (2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.
CEC and Other ECs Act, 2023, Section 7. (1) The Chief Election Commissioner and other Election Commissioners shall be appointed by the President on the recommendation of a Selection Committee consisting of— (a) the Prime Minister — Chairperson; (b) the Leader of Opposition in the House of the People — Member; (c) a Union Cabinet Minister to be nominated by the Prime Minister — Member.
Explanation.—Where the Leader of Opposition in the House of the People has not been recognised as such, the leader of the single largest party in opposition of the Government in the House of the People shall be deemed to be the Leader of Opposition.
The Constitution says the President appoints the CEC and ECs, but leaves the method to a law of Parliament. For 73 years there was no such law, so in practice the Union government (through the Prime Minister) chose them. In 2023 the Supreme Court said this was not enough and added the Chief Justice to the panel for the time being. Parliament then made a law that keeps the panel but replaces the Chief Justice with a Union Minister, so the government side has two of the three votes.
🏠 Everyday analogy
Imagine two teams agreeing on the referee. If one captain gets two votes out of three, the other captain can object, but the choice is still the first captain's. That is the heart of today's debate.
🇮🇳 Real Indian example
On 17 February 2025 the committee of PM Narendra Modi, Home Minister Amit Shah and Leader of Opposition Rahul Gandhi met; Rahul Gandhi gave a dissent note asking that the meeting wait for the Supreme Court, and Gyanesh Kumar was appointed CEC the same night.
ProcessHow the CEC Is Appointed: Search Committee to Selection Committee
- 1Search Committee
Headed by the Union Law Minister with two officers of at least Secretary rank. It prepares a panel of five names (Section 6).
- 2Selection Committee
Prime Minister (chair), Leader of Opposition in Lok Sabha, and a Cabinet Minister nominated by the PM. It may also pick someone outside the panel (Section 8(2)). A vacancy in the committee does not make its choice invalid.
- 3Who can be chosen
A person who holds or has held a post equal to Secretary to the Government of India, of integrity, with knowledge and experience of managing elections.
- 4President appoints
The President issues the notification on the committee's recommendation.
- 5Term and pay
Six years or until age 65, whichever is earlier; no reappointment. Salary equal to a Supreme Court judge (Sections 9 and 10).
| Then and now | Before 2 Mar 2023 | Anoop Baranwal (interim) | 2023 Act (now) |
|---|---|---|---|
| Who chooses | Union government; President on PM's advice | PM + LoP + Chief Justice of India | PM + LoP + Union Cabinet Minister |
| Government votes | All | 1 of 3 | 2 of 3 |
The storyAnoop Baranwal Case to the 2026 Constitution Bench Reference
- 1
📚 1990-2015: committees ask for change
The Dinesh Goswami Committee (1990) and the Law Commission's 255th Report (2015) recommended a collegium-type panel, including the CJI or the Leader of Opposition.
- 2
⚖️ 2 March 2023: Anoop Baranwal
A five-judge Constitution Bench led by Justice K. M. Joseph ruled unanimously that, until Parliament makes a law, appointments shall be made on the advice of the PM, the Leader of Opposition (or leader of the largest opposition party) and the CJI.
- 3
🏛️ December 2023: the new Act
Rajya Sabha passed the Bill on 12 December and Lok Sabha on 21 December 2023. The CJI was replaced by a Cabinet Minister; Section 16 gave lifelong immunity for official acts.
- 4
🧑💼 14 March 2024: first appointments
After EC Arun Goel resigned on 9 March 2024, Gyanesh Kumar and Sukhbir Singh Sandhu were appointed ECs. On 21 March 2024 the Supreme Court refused to stay the appointments just before the Lok Sabha election.
- 5
👤 17-19 February 2025: first CEC under the Act
Gyanesh Kumar was chosen CEC and took charge on 19 February 2025; Vivek Joshi became EC.
- 6
🔀 23 September 2026: split order
Justices Dipankar Datta and Satish Chandra Sharma differed on the challenge to Sections 7 and 8 and sent the papers to the CJI to form a Constitution Bench. The Act remains in force while the case is pending.
DebateIs the CEC Appointment Process Independent? Both Sides
Arguments for the 2023 Act
- Anoop Baranwal itself said the CJI formula was only until Parliament legislates
- Appointing officers is an executive job; judges should not sit on every panel
- The Opposition now has a formal seat and can record dissent
- The Act fixes eligibility, term and a search process for the first time
Arguments against
- Government holds 2 of 3 votes, so it still decides alone
- The umpire is chosen by one of the players
- The committee can ignore the search panel entirely
- Undoes the spirit of a unanimous Constitution Bench ruling
Connect the dotsRead Next: Related Notes
- All 26 CECs and how the Commission grew: Election Commission of India.
- The other half of independence: Removal of the CEC.
- The immunity clause in the same Act: Section 16 explained.
- Why judges and government spar over appointments: Separation of powers in India.
Quick revisionOne-Line Revision Points (Exam Ready)
- Appointment power: President, under Article 324(2), subject to a law of Parliament.
- Anoop Baranwal (2 Mar 2023): PM + LoP + CJI until Parliament legislates.
- 2023 Act Selection Committee: PM, LoP, Cabinet Minister nominated by PM.
- Search Committee: headed by the Law Minister, panel of 5 names.
- Term: 6 years or 65 years of age, whichever is earlier.
- Salary: equal to a Supreme Court judge.
- First CEC under the Act: Gyanesh Kumar (19 Feb 2025).
- 23 Sep 2026: split order, challenge sent for a Constitution Bench.
Practice MCQPractice MCQs (with Answers): Appointment of the CEC
Who heads the Selection Committee for the CEC under the 2023 Act?
In Anoop Baranwal (2023), who was the third member of the interim panel besides the PM and the LoP?
What is the term of the CEC under the 2023 Act?
Who was the first CEC appointed under the 2023 Act?
Consider: 1. The Selection Committee may choose a person not in the Search Committee's panel. 2. A vacancy in the Selection Committee makes its recommendation invalid. Which is/are correct?
Doubts ClearedFrequently Asked Questions
Who appoints the Chief Election Commissioner of India?
The President, on the recommendation of a Selection Committee of the Prime Minister, the Leader of Opposition in Lok Sabha and a Union Cabinet Minister nominated by the PM.
Is the Chief Justice part of the CEC selection committee?
Not any more. The CJI was on the interim panel from 2 March 2023 under Anoop Baranwal, but the 2023 Act replaced the CJI with a Cabinet Minister. The challenge is pending before the Supreme Court.
What is the Anoop Baranwal case?
A 2023 Constitution Bench judgment that said appointments to the Election Commission should not be left to the government alone, and created an interim panel of the PM, LoP and CJI.
What is the salary of the Chief Election Commissioner?
Equal to the salary of a judge of the Supreme Court, under Section 10 of the 2023 Act.
Sources and further readingSources We Checked
Facts checked on 21 October 2026. Section 7 is quoted from the Act as published; the Hindi version of the Act's sections is a simple rendering.
- Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 (India Code)
- Supreme Court Observer: challenges to the Election Commissioners Act, 2023
- ANI, 23 Sep 2026: Supreme Court delivers split verdict on pleas challenging CEC appointment law
- All India Radio News, 18 Feb 2025: Gyanesh Kumar appointed CEC
- Scroll, Feb 2025: Gyanesh Kumar named CEC overruling Rahul Gandhi's dissent
- Constitution of India, Part XV (Legislative Department)