Supreme Court Split on Referring CEC, EC Appointment Law to Five-Judge Bench
- A Supreme Court two-judge Bench delivered a split verdict on whether to refer challenges against the 2023 CEC appointment law to a Constitution Bench, with Justice Dipankar Datta rejecting the referral and Justice SC Sharma supporting it.
- The 2023 amendment replaced the CJI on the selection panel with a Union Cabinet Minister, giving the executive a two-to-one majority over the Leader and Opposition, which petitioners argue compromises the Election Commission's independence.
- Justice Datta questioned whether a minister nominated by the Prime Minister could effectively check executive power, noting that collective responsibility makes it difficult for such a minister to oppose the Prime Minister, potentially creating executive dominance.
- Both judges directed the pleas to be placed before CJI Surya Kant to constitute a bench of appropriate strength for adjudication; a three-judge bench will now decide if a five-judge Constitution Bench should hear the case.
- Justice Deepankar Dutta noted, "We heard these petitions and applications for more than five days," lamenting the division and stating that "talking with one voice would have been better for institutional solidarity.
46 Articles
46 Articles
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SC bench divided on CEC appointment law, refers case to CJI
New Delhi: The Supreme Court on Wednesday, September 23, delivered a split verdict on whether a batch of petitions challenging the 2023 law on the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) should be referred to a larger five-judge Constitution Bench. A bench of Justices Dipankar Datta and Satish Chandra initially … Get the latest updates in Hyderabad City News, Technology, Entertainment, Sports, Politi…
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