Government questions Supreme Court on Chief Election Commissioner appointment panel

The record

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The Union government told the Supreme Court that including the Chief Justice of India in the panel to pick the Chief Election Commissioner is unnecessary, asking why an outsider or former judge should not similarly advise on appointing Cabinet Ministers if the Prime Minister's choice cannot be trusted.
The Centre was defending the 2023 law that replaced the CJI with a Prime Minister-nominated Cabinet Minister on the selection panel, undoing the court's Anoop Baranwal judgment.
The court, however, questioned the panel's fairness, noting a 'two versus one' tilt in favour of the executive.
The Bench reserved judgment on whether the case should go to a five-judge Constitution Bench.

The Supreme Court's decision on referring the case to a five-judge Constitution Bench
How the court rules on the challenge to the 2023 CEC appointment law replacing the CJI with a Cabinet Minister
The reported plan to shift the challenge to the 2023 law to another Bench

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Named India · Chief Election Commissioner · Chief Justice of India · Justice Dipankar Datta · Supreme Court · Tushar Mehta · Union government

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