The Supreme Court on Wednesday, September 23, delivered a split verdict on the question of whether petitions challenging the 2023 law governing the appointment of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs) should be heard by a larger Constitution Bench.
The matter was heard by a two-judge bench comprising Justices Dipankar Datta and Satish Chandra Sharma. Justice Datta did not agree with the request for a larger-bench reference, while Justice Sharma held that the case raised a substantial constitutional question warranting consideration by a larger bench.
Editorial Insight
Key Highlights
Important points readers should notice.
Issue/Event: Supreme Court delivers a split verdict on the reference of challenges to the 2023 Election Commissioners appointment law.
Location: New Delhi
Authority/Organisation: Supreme Court of India
Action Taken: Matter directed to be placed before the Chief Justice of India for consideration of a Constitution Bench.
Impact: The constitutional challenge to the 2023 appointment framework will continue before a larger bench.
Despite their differing views, the judges agreed that the matter should be placed before the Chief Justice of India so that a Constitution Bench of appropriate strength could be considered. The step is intended to allow the constitutional challenge to proceed without further procedural delay.
The petitions challenge provisions of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. A central issue is the composition of the selection committee prescribed under the law.
Under the 2023 legislation, the selection committee comprises the Prime Minister, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister. The law therefore replaced the Chief Justice of India with a Union Cabinet Minister in the three-member selection panel.
Editorial Analysis
Why This Matters
The case concerns the statutory framework used to appoint India's Chief Election Commissioner and other Election Commissioners. The constitutional challenge focuses, among other issues, on the composition of the selection committee established by Parliament in 2023. The September 23 proceedings do not amount to a final ruling upholding or striking down the law. The substantive constitutional questions remain to be examined in the proceedings that follow.
The petitioners have challenged the arrangement on constitutional grounds, including arguments concerning the independence of the Election Commission.
The Supreme Court's September 23 order does not finally decide the constitutional validity of the 2023 law. The substantive challenge is to be considered through the further judicial process following the split verdict.
