Free and fair elections are dependent on a truly independent poll body: SC

POLITY – ELECTIONS

15 MAY 2026

• The Supreme Court nudged the Union government to address concerns over its dominant role in the appointment of Chief Election Commissioners and Election Commissioners, observing that free and fair elections depend on a truly independent Election Commission.
• The court highlighted the absence of even “one absolutely neutral person” on the Prime Minister-chaired selection committee.
• It questioned the presence of a Cabinet Minister on the panel, observing that such a Minister could not be expected to defy the Prime Minister.
• The court also asked whether the presence of the Leader of the Opposition on the committee was merely “ornamental” as appointments could be made without a unanimous vote.
• The court was hearing a batch of petitions challenging the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023.
• The petitioners contended that the Act “defeated” a Constitution Bench judgment in the Anoop Baranwal versus Union of India case, 2023, which had constituted a selection panel comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India.
• The 2023 Act, passed within months of the judgment, replaced the Chief Justice with a Cabinet Minister nominated by the Prime Minister.
• Towards the end of the hearing, the Bench suggested referring the petitions to a Constitution Bench.
• The petitioners strongly opposed the move, arguing that the pleas involved a “conventional” challenge to the 2023 Act and not a “substantial question of law” warranting reference to a larger Bench under Article 145(3).