RAS question
In Anoop Baranwal v. Union of India (2023), the Supreme Court directed that the appointment of Election Commissioners shall be made by:
Correct answer: (D) A committee of PM, Leader of Opposition in Lok Sabha, and CJI (until Parliament enacts a law).
In Anoop Baranwal v. Union of India (2023), the Supreme Court directed that the Chief Election Commissioner and Election Commissioners be appointed on the advice or recommendations of a committee comprising the Prime Minister, the Leader of Opposition in the Lok Sabha, and the Chief Justice of India until Parliament made a law.
Explanation
The judgement dealt with the independence of appointments to the Election Commission under Article 324(2). The Supreme Court's operative direction was not a permanent judicial takeover of appointments; it was an interim constitutional arrangement to operate until Parliament framed a law. For appointments to the posts of Chief Election Commissioner and Election Commissioners, the Court directed the President to act on the advice or recommendations of a three-member committee: the Prime Minister, the Leader of Opposition in the Lok Sabha, and the Chief Justice of India. The judgement also provided for the leader of the largest opposition party in the Lok Sabha if there was no recognised Leader of Opposition. Parliament later enacted the 2023 appointment law, replacing the CJI with a Union Cabinet Minister.
Why the other options are wrong
- (A) A Supreme Court judges' collegium was not the mechanism directed; the judgement named a committee with the Prime Minister, the Lok Sabha opposition leader, and the Chief Justice of India.
- (B) The direction was not for a Parliamentary Committee; it was for a three-member appointment committee to advise or recommend names until Parliament enacted a law.
- (C) The President was not to appoint alone under the Court's interim direction, but on the advice or recommendations of the specified committee.
Concept
This tests the constitutional design of independent institutions, especially Article 324 and appointments to the Election Commission. It recurs in RAS because election administration links constitutional law, governance reform, and current judicial developments.
