SC to consider recall of split verdict on law governing EC appointments

Chief Justice of India Surya Kant on Wednesday said he would “take a call” on an application seeking recall of a September split verdict that referred to a larger bench petitions challenging the law governing appointments to the Election Commission.

The application, mentioned before the CJI by advocate Gopal Sankaranarayanan, questioned why Justice Satish Chandra Sharma, who was part of the bench hearing the case, had not disclosed that his son was a standing counsel for the Election Commission in Madhya Pradesh.

The petitions challenge the constitutional validity of the 2023 Chief Election Commissioner and Other Election Commissioners Appointment, Conditions of Service and Term of Office Act. Under the law, the CEC and two Election Commissioners are appointed on the recommendation of a panel comprising the prime minister, a Union Cabinet minister and the Leader of the Opposition in the Lok Sabha.

The arrangement gives the government a 2:1 majority on the selection panel in case of a difference of opinion.

On September 23, the Supreme Court referred the challenges to a larger bench. Justice Sharma had heard the matter with Justice Dipankar Datta, who said the law “does not appear to ensure an independent selection process”.

Justice Sharma disagreed with that observation but said the case involved a “substantial question of law” that should be decided by a larger bench.

Parliament passed the law in December 2023, replacing a selection mechanism created by a Supreme Court judgment in March 2023. Under that arrangement, the selection panel comprised the prime minister, the Leader of the Opposition and the Chief Justice of India.

During a hearing in May, the Supreme Court had questioned the need for a Union Cabinet minister to be part of the selection panel.