The Supreme Court has referred petitions challenging the constitutionality of a law governing the appointment of members of the Election Commission to a larger bench. The law was passed in December 2023 and replaces an arrangement created by a Supreme Court judgement in March 2023.
On Wednesday, the Supreme Court referred petitions challenging the constitutionality of the 2023 Chief Election Commissioner and Other Election Commissioners Appointment, Conditions of Service and Term of Office Act to a larger bench. This decision was reported by Live Law and Bar and Bench. The law, which was passed by Parliament in December 2023, replaces an arrangement created by a Supreme Court judgement in March 2023 that had formed a selection committee consisting of the prime minister, the leader of the Opposition, and the chief justice of India.
Justices Dipankar Datta and Satish Chandra Sharma initially disagreed on whether the matter should be referred. However, they eventually ordered that it be placed before the Chief Justice Surya Kant so that he could form a constitutional bench to avoid further delay, as reported by both Live Law and Bar and Bench.
During a hearing in May, the Supreme Court questioned the need for a Union Cabinet minister to be included in the selection panel. Datta had verbally observed that the third member ought to be a ‘neutral person’. He also questioned whether the leader of the Opposition’s presence was reduced to an ‘ornamental’ role when the prime minister and a Cabinet minister together had a 2:1 majority on the panel.
The bench was hearing six petitions challenging the constitutional validity of the law. On July 30, the court reserved its decision on the Union government’s request to refer the matter to a larger bench.
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