SC bench split on whether pleas against ECs selection law go to 5-judge bench

A two-judge bench of the Supreme Court on Wednesday delivered a split verdict on whether petitions challenging the law governing the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) should be referred to a larger, five-judge bench.

The case was heard by a bench of Justices Dipankar Datta and Satish Chandra Sharma. The petitions challenge the 2023 law that replaced the Chief Justice of India (CJI) on the selection panel with a Union Cabinet minister nominated by the Prime Minister.

In his judgment, Justice Datta raised broader concerns over the independence and neutrality of the Election Commission and questioned whether the appointment mechanism under the 2023 law meets the constitutional standards required for free and fair elections.

"Inclusion of cabinet ministers fails to provide an independent counterweight that a neutral selector would. It becomes largely ornamental," Justice Datta said.

He also stressed that the Election Commission must not only be independent but must also be perceived as independent.

"Free and fair elections depend on a truly independent ECI. It is not enough for the ECI to be independent; it must appear to be independent," he observed. - EndsPublished By: sharangee Published On: Sep 23, 2026 14:28 IST