Free and fair elections can happen only if there are independent Election Commissioners, SC says The Supreme Court on Thursday (May 14, 2026) raised concerns about the government’s role in appointing Election Commissioners, emphasizing that free and fair elections require an independent Election Commission of India. The court questioned the neutrality of the Prime Minister-led selection panel for these roles, noting the absence of any “absolutely neutral person” on the committee. It also challenged the inclusion of a Cabinet Minister on the panel, arguing that such a minister could not be expected to act independently of the Prime Minister. The court further doubted whether the Leader of the Opposition’s presence on the committee was merely symbolic, as appointments could proceed without unanimous agreement. The hearing focused on a batch of petitions challenging the Chief Election Commissioner and Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023. Petitioners argued that the law contradicted a landmark Supreme Court judgment from the Anoop Baranwal case, which had established a selection panel comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India. The 2023 Act, passed shortly after the judgment, replaced the Chief Justice with a Cabinet Minister nominated by the Prime Minister, effectively transferring the appointment power to the executive. Justice Dipankar Datta, presiding over a Division Bench, described the Anoop Baranwal judgment as a “classic example of judicial restraint and statesmanship.#prime_minister #supreme_court #election_commission_of_india #chief_election_commissioner #attorney_general
