"Does the CEC and Other ECs Act, 2023 satisfy the independence standard laid down in *Anoop Baranwal* (2023)?" Discuss in light of the 'perception test'.

In Anoop Baranwal v. Union of India (2023), a Constitution Bench held that the executive alone should not control appointments to the Election Commission under Article 324. It created an interim panel of the PM, the Leader of Opposition (LoP) and the CJI, to work until Parliament made a law [2]. The 2023 Act fills that gap. It meets the letter of the judgment but not its spirit.

The Anoop Baranwal standard

• Executive insulation: the executive should not be the only appointing authority, and a neutral member should act as a counterweight [2].
• Perception test: the ECI must be neutral and must also be seen as neutral by voters and parties [2].

Where the Act meets the standard

• Statutory process: it replaces executive discretion and the 1991 Act with a two-stage system. A Search Committee shortlists names and a Selection Committee chooses [1].
• Opposition voice: the LoP in the Lok Sabha sits on the Selection Committee (Section 7) [2].
• Judicial deference: the Court has said the Act "may possibly survive" a frontal challenge [2]. In March 2024 it refused to stay appointments, saying that would cause "chaos" [3].

Where it fails the perception test

• Executive majority: a Cabinet Minister nominated by the PM replaces the CJI, so the government holds 2 of the 3 votes [2].
• Executive-controlled shortlist: the Law Minister heads the Search Committee [1].
• Vacancy clause: an appointment stays valid even if the committee has a vacancy, so the LoP's role can become optional [2].
• Judicial doubt: in September 2026 a two-judge Bench split. Justice Dipankar Datta found, at first view, no independent counterweight, and the question of sending the case to a Constitution Bench went to the CJI [2].

Anoop Baranwal panel:  PM + LoP + CJI      → executive 1 of 3
2023 Act panel:        PM + LoP + Minister → executive 2 of 3

Fig: Shift in the balance of the selection panel

In sum, the Act meets Anoop Baranwal's procedural demand for a law but strains its substantive demand for selection beyond executive control. Adding a neutral member, whether the CJI or an independent figure, would help the ECI pass the perception test. So would making the Search Committee broad-based, in line with the Law Commission's call for a more independent and broad-based appointment process [4]. Free and fair elections are part of the Basic Structure, and the ECI's neutrality must be seen as well as real.