Independence of the Election Commission: A Conflict Between Parliament and Judiciary UPSC NOTE

Independence of the Election Commission: A Conflict Between Parliament and Judiciary

Prelims: Indian Polity & Governance (Election Commission of India - ECI: its constitution, appointment, powers; Constitutional Article 324; Key Supreme Court judgments).
Mains:

GS Paper 2: Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies; Separation of powers between various organs; Structure, organization and functioning of the Judiciary and the Executive.
Essay: Topics on Democracy, Constitutional Morality, Independence of Institutions.

Main Issue: Controversy related to the appointment process of the Election Commission of India (ECI).
Background: In the Anoop Baranwal case (2023), the Supreme Court's Constitutional Bench had suggested including the Chief Justice of India (CJI) in the committee for selecting Election Commissioners. The aim was to remove ECI appointments from the executive's complete control.
Parliament's Action: However, the new law passed by Parliament (2023 Act) overruled this Supreme Court verdict. According to the new law, the CJI was excluded from the selection committee, and instead, a Union Minister nominated by the Prime Minister was included.
Main Criticism of the Article:

The article argues that the Supreme Court's refusal to stay this new law is a "failure." This has led to the formation of a "pliable ECI."
The court adopted a conservative stance that a law must have a "presumption of validity."

"Fourth Branch Institutions": Independent institutions like the ECI are "fourth pillars" that support democracy. While the Anoop Baranwal judgment sought to elevate the ECI to this status, the new law weakened it.
Way Forward: The author argues that to save democracy, the Anoop Baranwal judgment should be reinstated and the 2023 Act should be repealed.

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