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SC split verdict refers 2023 EC Appointment Act challenge to CJI
The Supreme Court, through a two-judge Bench, provides for placing petitions challenging the 2023 law on appointment of the Chief Election Commissioner and Election Commissioners before the Chief Justice of India to constitute an appropriately sized bench. The split verdict comprises differing views on whether the present Bench decides the case or a Constitution Bench considers it, while both judges provide for avoiding further delay in proceedings.
Challenge and Court Proceedings:
| Dimension | Key Details |
|---|---|
| Supreme Court Bench (current proceedings) | The referring Bench comprises Justice Dipankar Datta and Justice Satish Chandra Sharma. |
| Reason for placing before CJI | The split verdict comprises disagreement on whether the present Bench decides the case or whether a Constitution Bench considers it, while both judges provide for a reference to the CJI so proceedings are not delayed further. |
| Proposed bench size | The reference provides for the CJI to consider constituting a 5-judge Constitution Bench. |
| Constitutional provision cited | Article 324 of the Constitution provides for a law governing Election Commission appointments. |
| Origin of challenge | The challenge is governed by the Supreme Court judgment in Anoop Baranwal v. Union of India (March 2023). |
| Finding noted in Anoop Baranwal judgment | The Supreme Court notes that Parliament has never enacted a law governing Election Commission appointments, despite Article 324 contemplating one. |
| Interim mechanism laid down by the Supreme Court (March 2023) | The interim appointment committee comprises the Prime Minister, the Leader of Opposition in Lok Sabha, and the Chief Justice of India. |
| Statute enacted after the Supreme Court interim mechanism | Parliament has enacted the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. |
| Change made by the 2023 Act to the selection committee | The selection committee comprises the Prime Minister, the Leader of Opposition, and a Union Cabinet Minister nominated by the Prime Minister, and it provides for replacing the Chief Justice of India with the nominated Minister. |
| Resulting representation on the 3-member panel | The panel comprises 2 government representatives, namely the Prime Minister and the nominated Union Cabinet Minister, alongside the Leader of Opposition. |
| Judicial positions on need for Constitution Bench | The split reasoning comprises Justice Datta’s view that relevant constitutional principles are already settled and the Court only needs to test the 2023 law against them, and Justice Sharma’s view that the case raises an important constitutional question not previously decided. |
| Shared concern flagged by both judges | Both judges provide for flagging delays in deciding Constitution Bench matters, noting that several constitutional references have remained pending for years, and provide for urging the CJI to consider setting up a Constitution Bench to resolve such matters more expeditiously. |