Supreme Court Split on Referring CEC, EC Appointment Law to Five-Judge Bench
The bench split over whether the challenge to the 2023 appointment law should go to a larger bench, with one judge citing concerns over executive dominance.
- 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.
22 Articles
22 Articles
Minister in CEC-EC selection panel fails ‘perception test’, says Justice Datta in split verdict
Justice Datta said the Minister “cannot be expected to defy the Prime Minister”; he said the Prime Minister and his Cabinet Minister shared a “collective responsibility” and inclusion of a Minister “fails to provide an independent countenance”
SC Delivers Split Verdict On CEC Appointment Law, Asks CJI To Consider Larger Bench
<p>The Supreme Court on Wednesday delivered a split verdict on whether petitions challenging the law governing the appointment of the Chief Election Commissioner and Election Commissioners should be referred to a larger bench. A two-judge bench of Justices Dipankar Datta and Satish Chandra Sharma differed on the immediate course of action. The matter will now go before the Chief Justice for administrative directions, with the issue headed toward…
SC delivers split verdict on law excluding CJI from picking CEC
The Supreme Court delivered a split verdict on whether pleas challenging the 2023 law, which excludes the Chief Justice of India from the panel for selecting the Chief Election Commissioner and Election Commissioners, should be referred to a larger bench. While Justice Dipankar Datta refused the referral, Justice Satish Chandra Sharma disagreed, leading to the matter being placed before the CJI for constituting an appropriate bench.
CEC, EC appointment law challenged; Supreme Court refers petitions to 5-judge Bench
The Supreme Court has referred petitions disputing the law related to the appointment of the Chief Election Commissioner and Election Commissioners to a five-judge Constitution Bench.
Supreme Court delivers split verdict on plea to refer CEC, ECs Act validity challenge to larger bench
"We heard these petitions and applications for more than five days," Justice Deepankar Dutta said and added that talking with one voice would have been better for institutional solidarity but unfortunately, our opinion is divided.
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