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May 8, 2026
The Supreme Court on Thursday lamented the failure of successive governments to introduce a law to ensure the independent functioning of the Election Commission, terming it as “tyranny of the elected”.
“Why did Parliament not make a law before (Anoop) Baranwal judgment (of 2023)?” asked a Bench of Justice Dipankar Datta and Justice Satish Chandra while hearing PILs challenging a 2023 law on appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) that replaced the CJI with a Union Cabinet Minister in the three-member selection panel.
“Because every government took advantage of it so that they could misuse the appointment. When people were in the Opposition, they were clamouring that there should be an independent body. But when they came to power, they stopped bothering about it,” replied advocate Prashant Bhushan, who represented the Association for Democratic Reforms.
While agreeing with Bhushan, the Bench termed it “very unfortunate”. “I am reminded of a parliamentarian saying ‘tyranny of the unelected’. This should be equated with tyranny of the elected,” Justice Datta said.
Justice Sharma described it as “tyranny of the majority”. Justice Datta said, “Whoever comes to power is doing the same thing. It’s unfortunate for the country. I saw a BBC video on Dr Ambedkar. Within three years of the Constitution, he said that democracy was not working in this country.”
The top court was hearing PILs, including those filed by the Association for Democratic Reforms (ADR), Lok Prahari, PUCL and TMC MP Mahua Moitra, against the 2023 law governing the appointment of the CEC and ECs.
Ending the 73-year-old system of the government appointing the CEC and ECs, the SC had on March 2, 2023, in the Anoop Baranwal case, ordered creation of a three-member panel comprising the PM, LoP or leader of largest opposition party and the CJI to select them.
