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.

The Supreme Court on Wednesday referred petitions challenging the law governing the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) to a five-judge Constitution Bench. The move came after a two-judge bench delivered split opinions on whether the pleas challenging the 2023 law raised questions of constitutional importance requiring adjudication by a larger bench.

The Supreme Court on Wednesday gave split opinions on whether a batch of pleas challenging the validity of a 2023 law that excludes the Chief Justice of India from the panel for selecting the Chief Election Commissioner (CEC) and Election Commissioners (ECs) should be referred to a larger bench.

Justice Dipankar Datta, who headed the bench, refused to accept the Centre's submission that the petitions raise seminal questions of constitutional importance and should be referred to the five-judge Constitution bench.

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The referral highlights the Supreme Court's acknowledgment of potential constitutional issues raised by the 2023 law, which excludes the Chief Justice of India from the selection panel for appointing election commissioners.

The split opinion arose because Justice Dipankar Datta believed the petitions did not warrant referral to a larger bench, while Justice Satish Chandra Sharma disagreed, suggesting that the questions raised were significant enough for extended adjudication.

The 2023 law alters the appointment process by removing the Chief Justice of India from the selection panel, potentially leading to concerns about executive interference in the independent electoral body.

The Supreme Court's bench requested the Chief Justice of India to consider establishing a permanent five-judge bench to better handle constitutional issues in the future.

Yes, concerns exist that excluding the Chief Justice from the selection process could undermine the electoral commission's independence, raising questions about its ability to operate free from political influence.

Justice Satish Chandra Sharma, another judge on the bench, disagreed with the views of Justice Datta.

However, both judges agreed that the matter be placed before CJI Surya Kant on the administrative side for constitution of a bench of appropriate strength for an effective and authoritative adjudication

The bench also requested the CJI to explore the possibility of setting up a permanent five-judge bench for deciding 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, which excludes the Chief Justice of India (CJI) from the selection panel for appointing election commissioners and Chief Election Commissioners.

On March 2, 2023, in a landmark verdict aimed at insulating the appointment of the CEC and ECs from the executive's interference, a five-judge Constitution bench ruled that their appointments will be made by the president on the advice of a committee comprising the prime minister, the Leader of the Opposition in the Lok Sabha and the CJI.

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