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CEC and Other ECs Act 2023: Supreme Court Split Verdict

26 September 20261 min read
NATIONAL AFFAIRSCEC and Other ECsAct 2023: SupremeCourt Split Verdict26 September 2026safalsetu.com

Why in the news

The Supreme Court was divided on whether petitions against the 2023 law on appointing election commissioners should go before a five-judge Constitution Bench, and the matter was sent for that purpose.

Key facts

  • Court outcome: a split verdict on referral to a five-judge Constitution Bench; the issue has been referred accordingly.
  • The Act: a statute that fixes how the Chief Election Commissioner (CEC) and Election Commissioners (ECs) are appointed, what qualifies them, their service terms and tenure.
  • Law replaced: the 1991 Act dealing with the service conditions of Election Commissioners and the Commission’s transaction of business.

Background

  • The Anoop Baranwal judgment (2023) laid down an interim selection committee until Parliament passed a law.
  • Members of that committee: the Prime Minister, the Lok Sabha Leader of Opposition and the Chief Justice of India.

Exam angle

  • Bench size in question: five-judge Constitution Bench.
  • Earlier law replaced: the 1991 Act.
  • Interim panel from Anoop Baranwal: PM, LoP in Lok Sabha, CJI.

Test yourself

1. Which Act replaced the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991?

The 2023 Act replaced the 1991 Act.

2. Who formed the interim selection committee in the Anoop Baranwal judgment (2023)?

The interim committee was PM, Leader of Opposition and CJI.

3. Before which bench did the Supreme Court split on hearing challenges to the CEC and ECs Act, 2023?

The split verdict related to a five-judge Constitution Bench.

This topic is part of Daily Current Affairs 25 & 26 September 2026 (28 topics).

All topics of the dayDay quizSeptember 2026

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