Supreme Court of India Reserves Judgment on Election Panel Law

The Supreme Court of India reserved its judgment on Thursday regarding whether petitions challenging the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, should be referred to a larger five-judge Constitution Bench. A bench consisting of Justices Dipankar Datta and Satish Chandra Sharma requested written submissions from the petitioners and the government before deciding on the reference.

The 2023 Act is contested by the Association for Democratic Reforms and other petitioners, including Congress leader Jaya Thakur. They argue the law is unconstitutional and arbitrary because it excludes the Chief Justice of India from the selection panel, replacing the judicial role with a nominated Union minister. This panel now consists of the prime minister, a Union minister, and the leader of the opposition in the Lok Sabha.

Representing the government, Attorney General R Venkataramani and Solicitor General Tushar Mehta argued that the case raises new substantial constitutional questions under Article 145(3) that necessitate a larger bench. They contended that legislative wisdom should not be bound by temporary judicial arrangements. Conversely, senior advocate Prashant Bhushan argued that the principle of non-executive dominance in appointments was already settled and a reference would be unnecessary. During the proceedings, the court questioned the government on why the Chief Justice of India was excluded from this process while remaining part of selection committees for other high offices, such as the CBI Director.