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Election Commission like ‘guardian of democracy’: Why SC is hearing challenges to appointment procedure
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Election Commission like ‘guardian of democracy’: Why SC is hearing challenges to appointment procedure

The Indian Express·Amaal Sheikh·25 days ago
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The Supreme Court on Thursday (May 7) described the decades-long delay in enacting a law for appointments to the Election Commission as the “tyranny of the elected.” A bench of Justices Dipankar Datta and Satish Chandra Sharma was hearing challenges to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. This law was introduced to address the legislative gap, but came under legal challenge. In fact, when Prime Minister Narendra Modi, Home Minister Amit Shah and Leader of Opposition Rahul Gandhi met in February 2025 to appoint current CEC Gyanesh Kumar, Gandhi gave a dissent note, asking the government to defer appointments until the SC decided on the petitions challenging the new appointment process. The 2023 law removed the Chief Justice of India (CJI) from the selection panel for Election Commissioners, replacing the CJI with a Union Cabinet minister appointed by the Prime Minister. How are Election Commissioners appointed?…

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