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✦ COMMEND   Field Despatch BC-001  ·  Filed 2026-05-22  ·  Beat: The Slow Win of the Court

"The independence of the Election Commission cannot be left to the executive alone."

A constitutional court ruling that, in March 2023, restored a check the executive had taken for itself.

COMMEND · BC-001 Filed 22 May 2026 · Beat: The Slow Win of the Court

"The independence of the Election Commission cannot be left to the executive alone." A constitutional court ruling that, in March 2023, restored a check the executive had taken for itself.

In March 2023, the Supreme Court of India ruled, unanimously, that election commissioners would no longer be appointed by the executive alone — a three-member panel including the Prime Minister, the Leader of the Opposition, and the Chief Justice would now select them. The executive had, for decades, made these appointments unilaterally. The ruling, by a five-judge constitutional bench, was clean, well-reasoned, and signed by judges whose subsequent careers were not enhanced by it. The Bureau commends the bench, by behaviour and not by name. The behaviour was: ruling against the convenience of the appointing authority.

Bureau Footnote

The ruling was, within months, legislatively overridden. The legislature replaced the Chief Justice in the panel with a Union Minister, restoring the executive's hand. The Bureau commends the bench anyway. The commendation is for the moment, not the durability. The durability is the legislature's responsibility. The legislature has accepted the responsibility, and is using it.

For the record
  • Case: Anoop Baranwal v. Union of India, Supreme Court of India
  • Date: 2 March 2023
  • Bench: Five judges, unanimous
  • Legislative override: Chief Election Commissioner Act, December 2023