"Independence of the Election Commission depends on the manner of appointment." Discuss with reference to the CEC & ECs Act, 2023.

Article 324(2) leaves the appointment of the CEC and ECs "subject to any law made by Parliament", and in Anoop Baranwal (2023) the Supreme Court held that the ECI must be insulated from exclusive executive control [3]. The 2023 Act is that law; the manner it prescribes largely fixes how independent the electoral referee can be.

How the 2023 Act designs appointment

• Appointment is by the President on a Selection Committee of the PM, a Union Cabinet Minister and the Leader of Opposition in Lok Sabha [1] — two of three from the ruling side, so the LoP can be outvoted.
• On 23 September 2026 a Division Bench split on referring the challenge to a Constitution Bench; Justice Datta held that a Minister nominated by the PM fails the "perception test" [4].
• A Search Committee under the Cabinet Secretary shortlists five names, but the Selection Committee may look outside that list [1] — the only statutory filter is non-binding.
• Recommendations remain valid despite a vacancy on the Committee; when Lok Sabha is dissolved there is no LoP, so a government-only panel could pick the CEC who conducts that very election [2].
• Eligibility is confined to serving or former Secretaries to the Union government [2] — a pool the executive itself appoints and promotes.

Independence is more than entry

• Salary shifted from the Supreme Court judge benchmark (1991 Act) to the Cabinet Secretary, fixed by government rather than statute [2].
• The CEC is removable only like a Supreme Court judge, while an EC can be removed on the CEC's recommendation — unequal protection for equal functions [2].

The counter-view

• Prescribing the method is Parliament's prerogative, and the CJI-led panel was expressly interim [3]; a judge selecting the CEC would later review ECI decisions.

Parliament can respect separation of powers and still cure the ruling-party majority: Canada appoints by a House of Commons resolution, the UK uses a Speaker's Committee, South Africa bars members with a high party-political profile [2]. Restoring statutory salary and equal removal protection, and requiring broader consensus on the panel, would make the Commission independent — and seen to be independent, the credibility on which free and fair elections rest.