EC appointment case: SC delivers split verdict on plea seeking larger bench

New Delhi: The Supreme Court on Wednesday delivered a split verdict on whether petitions challenging the 2023 law governing the appointment of the Chief Election Commissioner (CEC) and other Election Commissioners should be referred to a five-judge Constitution Bench.

The petitions challenge the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which provides for the appointment of election commissioners through a three-member selection panel, the Indian Express reported.

Justice Dipankar Datta rejected the request for referral, while Justice S C Sharma held that the matter warranted consideration by a five-judge Constitution Bench.

In view of the disagreement, the bench said that the matter would ordinarily be referred to a three-judge bench. However, it noted that since the disagreement itself concerned whether the petitions should be heard by a five-judge Constitution Bench, referring the matter to a three-judge bench would serve little purpose and could delay the adjudication of significant legal questions raised by the petitions.

The bench therefore directed that the case records be placed before the Chief Justice of India to consider whether a Constitution Bench should be constituted to examine the constitutional validity of Section 7 and other provisions of the 2023 Act.

Article 324 of the Constitution provides that the appointment of the Chief Election Commissioner and other Election Commissioners shall be made by the President, subject to any law enacted by Parliament in this regard.

With the judges delivering differing opinions, the decision on whether to constitute a Constitution Bench will now rest with the Chief Justice of India. The proposed bench would examine the constitutional validity of the challenged provisions of the 2023 law.