The Chief Justice of India, Surya Kant, has stated that he will take a decision on recalling a split verdict issued in September regarding the constitutionality of the 2023 Election Commission Appointments Act.
On Wednesday, Chief Justice Surya Kant expressed his intention to reconsider a split verdict delivered in September that referred petitions challenging the 2023 Election Commission Appointments, Conditions of Service and Term of Office Act to a larger bench. The decision stems from an application made by advocate Gopal Sankaranarayanan who raised concerns about Justice Satish Chandra Sharma's failure to disclose his son's role as a standing counsel for the Election Commission in Madhya Pradesh during the proceedings.
Justice Satish Chandra Sharma, who sat on the bench hearing the case alongside Justice Dipankar Datta, had observed that the law 'does not appear to ensure an independent selection process'. However, he disagreed with this assessment and stated that a 'substantial question of law' was involved in the matter, necessitating a decision by a larger bench.
The Act, which replaced an arrangement created by a Supreme Court judgement in March 2023, stipulates that the head of the poll panel and the two other top members are to be appointed based on recommendations from a selection committee consisting of the prime minister, a Union Cabinet minister, and the leader of the Opposition in the Lok Sabha. The government holds a 2:1 majority over the leader of the Opposition within this panel.
During a hearing in May, the Supreme Court questioned the necessity of including a Union Cabinet minister in the selection panel.
Source:
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