Supreme Court of India Splits on Election Commissioner Law

The Supreme Court of India delivered a split verdict on Wednesday regarding whether challenges to the Chief Election Commissioner and Other Election Commissioners Act, 2023, should be referred to a five-judge Constitution Bench. The 2023 law excludes the Chief Justice of India from the selection panel, replacing the position with a Union Cabinet Minister nominated by the Prime Minister.

Justice Satish Chandra Sharma supported the referral, arguing the case raises a substantial question of constitutional interpretation. Justice Dipankar Datta disagreed that a larger bench was necessary to examine the law's validity, though he issued a separate opinion stating the current mechanism fails the perception test. Justice Datta argued that the inclusion of a nominated minister gives the executive an effective veto and undermines the perceived independence of the Election Commission.

Solicitor General Tushar Mehta defended the law, arguing that the Prime Minister's office holds the highest constitutional trust. Petitioners, including the Association for Democratic Reforms and Jaya Thakur, contend the law allows the executive to dominate appointments.

Due to the deadlock, the judges directed the matter to Chief Justice Surya Kant for administrative directions on bench size. Simultaneously, the two judges requested that the Chief Justice explore creating a permanent five-judge Constitution Bench to resolve the inordinate delays in constitutional references, which they noted can remain pending for five to 20 years.