New Delhi : The Supreme Court has delivered a split verdict on the constitutional validity of the 2023 law that excludes the Chief Justice of India from the panel for selecting the Chief Election Commissioner and Election Commissioners, raising significant questions about judicial oversight in electoral appointments.
The Supreme Court bench gave split opinions on referring pleas challenging the 2023 Election Commissioner appointment law to a larger bench.
Justice Dipankar Datta rejected the Centre's request for a five-judge Constitution bench referral, while Justice Satish Chandra Sharma disagreed.
Both judges concurred that the Chief Justice of India should constitute a bench of appropriate strength for authoritative adjudication.
The bench also suggested exploring a permanent five-judge bench for constitutional issues. The challenged law excludes the CJI from the selection panel, a departing from a previous landmark verdict that included the CJI,
The Supreme Court gave split opinions on whether a batch of pleas challenging the validity of a 2023 law that excludes the Chief Justice of India from the panel for selecting the Chief Election Commissioner (CEC) and Election Commissioners (ECs) should be referred to a larger bench.
Justice Dipankar Datta, who headed the bench, refused to accept the Centre's submission that the petitions raise seminal questions of constitutional importance and should be referred to the five-judge Constitution bench.
Justice Satish Chandra Sharma, another judge on the bench, disagreed with the views of Justice Datta.
Judges Agree On CJI's Role In Bench Constitution
However, both judges agreed that the matter be placed before CJI Surya Kant on the administrative side for constitution of a bench of appropriate strength for an effective and authoritative adjudication.
The bench also requested the CJI to explore the possibility of setting up a permanent five-judge bench for deciding constitutional issues.
Challenge To 2023 Election Law
The bench was hearing pleas challenging the constitutional validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which excludes the Chief Justice of India (CJI) from the selection panel for appointing election commissioners and Chief Election Commissioners.
On March 2, 2023, in a landmark verdict aimed at insulating the appointment of the CEC and ECs from the executive's interference, a five-judge Constitution bench ruled that their appointments will be made by the President on the advice of a committee comprising the prime minister, the Leader of the Opposition in the Lok Sabha and the CJI.
