"Independence of the Election Commission depends less on its constitutional status than on the method of appointment." Critically examine this in light of the CEC and Other ECs Act, 2023.

Article 324 makes the Election Commission of India (ECI) a constitutional body, but it leaves the appointment process to "law made by Parliament". The 2023 Act fills that gap with a government-majority panel. This makes the statement largely valid, though the ECI's constitutional status still provides important safeguards.

Why the appointment method is decisive

• 2:1 government majority: the panel is the PM, a minister the PM nominates, and the LoP. The CJI is excluded [1].
• Government also controls the shortlist: a Search Committee headed by the Law Minister prepares it [1]. In March 2024 the LoP received over 200 names a day before the meeting. Only six names were shortlisted for two posts, while the Court said ten were needed [3].
• Ruling party chooses its own judge: the ECI rules on disputes over party symbols and disqualification of members, where the ruling party is often one side [2].
• Vacant LoP seat: recommendations stay valid even when a seat is vacant, so the panel could have only ruling-party members [2].

Why constitutional status still matters

• Removal protection: the CEC can be removed only like a Supreme Court judge [1]. ECs, however, can be removed on the CEC's recommendation alone [1].
• Status and pay: the 1991 law tied pay to a Supreme Court judge's. The 2023 Bill moved it to the Cabinet Secretary's, which affects how independent the ECI is seen to be [4].
• Judicial review: "subject to law" does not mean any law is valid. The Court refused a stay but kept the question of validity open [3].
• Conduct of office-holders: the Court quoted Ambedkar: a Constitution "will prove to be bad" if those working it are not good [3].

Way forward

• Balanced panel: adopt the Law Commission's (2015) PM–LoP–CJI panel, or a legislative check like US Senate confirmation [2].
• Fair procedure: require full shortlists to be sent to all members well before the meeting [3].
• Institutional support: give the ECI an independent secretariat, as the Goswami Committee urged [2].

The ECI's constitutional status protects it once it is formed, but the appointment method decides who runs it. A balanced selection panel, stronger protection for ECs and fair procedure together would secure free and fair elections, which are part of the basic structure.