“Empowering the Election Commission: The Anoops Baranwal Case”

Case Name:- Anoop Baranwal v. Union of India

Case no.:-  W.P.(C) 114/2015

Court:- Supreme Court of India

Decided on:-  March 2, 2023

Bench:-  Justices KM Joseph, KS Ravindranath, Mohan M. Shah, Sanjay Kishan Kaul, Mukundakam Sharma

Introduction

The Anoop Baranwal v. Union of India case pertains to the appointment process of members of the Election Commission of India (ECI) and their independence. The case was filed by Anoop Baranwal, a public interest litigant, questioning the current system for appointing members of the ECI, alleging that it has degraded the ECI’s independence over time. The case was tagged with a similar petition by Ashwini Kumar Upadhyay.

The Supreme Court held that a committee comprising the Prime Minister, the Leader of the Opposition in Parliament, and the Chief Justice of India would advise the President on the appointments of members of the ECI.  This decision was made after hearing four days of substantial arguments in November 2022. The Court’s judgment in this case came as a consequence of four writ petitions seeking a ‘fair, just, and transparent’ appointment process for the ECI members.

The case highlights the importance of maintaining the independence of the ECI and ensuring a fair and transparent appointment process for its members. The judgment in Anoop Baranwal v. Union of India is considered a valuable first step in the direction of a structurally independent Election Commission.

Background

The case of Anoop Baranwal v. Union of India revolves around the appointment process of members of the Election Commission of India (ECI) and the issue of their independence. Anoop Baranwal, a public interest litigant, filed a PIL in January 2015, challenging the existing system for appointing ECI members, which granted the executive the power to make appointments. The petitioner argued that this had led to a degradation of the ECI’s independence over time and violated Article 324(2) of the Constitution. The PIL sought the establishment of an independent, Collegium-like system for ECI appointments.

Decision of the court

The Supreme Court’s judgment, delivered on March 2, 2023, came as a result of four writ petitions seeking a “fair, just, and transparent” appointment process for the ECI members. The Court held that a committee comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India would advise the President on the appointments of members of the ECI.This decision was made after hearing four days of substantial arguments in November 2022. The judgment is considered a significant step towards establishing a structurally independent Election Commission.

Potential questions this judgement tends to answer

• Who filed the petition in the Anoop Baranwal v. Union of India case?

• What is the significance of the Supreme Court’s ruling in the Anoop Baranwal v. Union of India case?

• What is the new appointment procedure for members of the Election Commission of India according to the Supreme Court’s ruling in the Anoop Baranwal v. Union of India case?

  WRITTEN BY: Pankhuri Rastogi

   

  The Supreme Court of India

   

   

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