The Supreme Court on Thursday questioned why a Union Cabinet minister should be part of the selection committee that appoints the chief election commissioner and the two other members of the poll panel, Live Law reported.

A bench comprising Justices Dipankar Datta and Satish Chandra Sharma made the observations while hearing six petitions challenging the constitutional validity of a 2023 law that governs the appointment of the Election Commission members.

The Chief Election Commissioner and Other Election Commissioners Appointment, Conditions of Service and Term of Office Act states that the head of the poll panel and the two other members are to be appointed based on the recommendations of a selection committee comprising the prime minister, a Union Cabinet minister and the leader of Opposition in the Lok Sabha.

The composition of the panel means that the government enjoys a 2:1 majority over the leader of the Opposition, if there is a difference of opinion.

The law that was passed by Parliament in December 2023 replaced an arrangement created by a Supreme Court judgement in March 2023 that had formed a selection committee consisting of the prime minister, the leader of Opposition and the chief justice.

On Thursday, Datta remarked that it was not enough for the Election Commission to be independent, and that it also had to be seen...

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