On May 14, 2026, the Supreme Court of India emphasized the necessity of an independent Election Commission for ensuring free and fair elections. The court raised concerns about the Union government's significant role in appointing Chief Election Commissioners and Election Commissioners, particularly criticizing the 2023 Act that replaced the Chief Justice of India with a Cabinet Minister in the selection committee. Justice Dipankar Datta, leading the Division Bench, pointed out that the current committee lacks an 'absolutely neutral person' and questioned the effectiveness of the Leader of the Opposition's role. The court noted that free and fair elections are integral to the Constitution's basic structure and can only be achieved with independent commissioners. The Attorney-General, R. Venkataramani, countered that the Act should not be presumed to result in subservient commissioners without evidence of actual failures. The court suggested possibly referring the petitions to a Constitution Bench, which the petitioners opposed, asserting that the case did not present substantial legal questions warranting such a referral.