Supreme Court split on referring CEC, EC appointment law to five-judge bench

The Supreme Court issued a split decision on whether petitions questioning the law governing the Chief Election Commissioner (CEC) and Election Commissioners (EC) appointment should be sent to a five-judge bench. Justice Dipankar Datta rejected the request for referral, whereas Justice Satish Chandra Sharma deemed the petitions warranted.

The five-judge bench subsequently referred the matter to the Chief Justice of India to establish a Constitution Bench for assessing the 2023 Act's constitutionality. The case was initially reserved in July. Petitioners, including the Association for Democratic Reforms and Congress leader Jaya Thakur, contend that the Act, which omits the Chief Justice of India from the selection panel, jeopardizes free and fair elections, a fundamental aspect of the Constitution.

They argue the law undermines the Election Commission of India's independence by permitting the government to appoint compliant individuals. The Attorney General and Solicitor General argued that the case involves substantial legal questions about constitutional interpretation, warranting a five-judge bench review under Article 145(3).

The 2023 ruling noted the lack of a law governing CEC/EC appointments since India's independence and subsequently issued guidelines for selecting the Chief Election Commissioner and Chief Vigilance Commissioner. These appointments also involved the Chief Justice of India, yet the court respected parliamentary authority.