The Supreme Court of India, during a hearing on the Election Commissioners Act, 2023, questioned the inclusion of a cabinet minister in the selection panel for the Chief Election Commissioner and Election Commissioners. The panel currently consists of the Prime Minister, the Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister. Justice Dipankar Datta and Justice Satish Chandra Sharma emphasized that the third member should be neutral to ensure the independence of the Election Commission of India (ECI). The court expressed concerns that the current structure could lead to a bias in favor of the government, questioning the effectiveness of having the Leader of Opposition if the outcomes are predetermined. The judges reiterated that free and fair elections are essential to the Constitution's basic structure and that the ECI must not only be independent but also appear independent. The court clarified that it was not attempting to dictate legislative policy but was assessing the law's compliance with constitutional standards. This scrutiny follows a March 2023 directive from a Constitution Bench that had established a temporary selection panel involving the Chief Justice of India, which was later altered by the 2023 legislation.