Justice C.T. Ravikumar

Supreme Court: PM, LoP and CJI to select CEC and ECs until Parliament legislates

A unanimous five-judge bench held that, until Parliament makes a law under Article 324(2), the President shall appoint the CEC and ECs on the advice of a committee of the Prime Minister, the Leader of Opposition in the Lok Sabha (or leader of the largest opposition party) and the Chief Justice of India. Justice Rastogi's concurring opinion added that ECs should have the same removal protection as the CEC. The Court appealed to Parliament to give the Commission an independent secretariat funded from the Consolidated Fund.

Official PDF is linked by PRS at main.sci.gov.in (1458_2015_3_1501_42634_Judgement_02-Mar-2023.pdf); the text was read via Indian Kanoon. The judgment did not set aside Arun Goel's appointment.

• TIER 1 · PRIMARYAnoop Baranwal v. Union of India, W.P. (C) No. 104 of 2015 and connected matters, judgment of 2 March 2023, (2023) 6 SCC 161Supreme Court of India (text via Indian Kanoon)2023-03-02“This norm will continue to hold good till a law is made”