Supreme Court split on pleas challenging CJI's exclusion from EC selection panel

The Supreme Court on Wednesday delivered split opinions on whether petitions challenging a 2023 law on the appointment of the Chief Election Commissioner and Election Commissioners should be sent to a larger bench.

The law excludes the Chief Justice of India from the panel that selects the Chief Election Commissioner and Election Commissioners. While the two judges differed on the question of a reference to a larger bench, they agreed that the matter should be placed before Chief Justice of India Surya Kant on the administrative side for the constitution of a bench of appropriate strength for an effective and authoritative adjudication.

Justice Dipankar Datta, who headed the bench, did not accept the Centre's submission that the petitions raised seminal questions of constitutional importance and should be referred to a five-judge Constitution bench. Justice Satish Chandra Sharma, the other judge on the bench, disagreed with Justice Datta's view.

Even as they differed on that issue, both judges said the matter should be placed before the CJI. The bench also requested the CJI to explore the possibility of setting up a permanent five-judge bench to decide constitutional issues.

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. The law excludes the CJI from the selection panel for appointing election commissioners and chief election commissioners.