Supreme Court Split Verdict on Election Commissioner Appointments

The Supreme Court delivered a split verdict regarding the petitions challenging the 2023 law on appointing the Chief Election Commissioner (CEC) and other Election Commissioners (ECs). This law outlines their selection by a three-member panel.

Verdict Details

• Judges' Opinions:
  • Justice Dipankar Datta: Rejected the referral to a five-judge Constitution bench.
  • Justice S C Sharma: Supported the referral to a five-judge bench.
• The difference of opinion led the bench to propose referring the case to the Chief Justice of India for consideration of a suitable Constitution Bench.

Constitutional Provisions

Article 324: Specifies that the President appoints the CEC and ECs, subject to parliamentary law.

Previous Hearings and Developments

• In March 2023, a five-judge Constitution Bench ruled in the Anoop Baranwal vs Union of India case that a Collegium-style system should be used until a law is enacted.
• The 2023 Act was passed by Parliament but did not include the Chief Justice of India in the selection committee.

Challenges to the 2023 Act

• Petitioners: Association for Democratic Reforms and Jaya Thakur challenged the exclusion of the Chief Justice of India.
• Supreme Court Bench: Questioned the independence of a selection committee dominated by the Prime Minister's influence.

Government's Defense

• Solicitor General Tushar Mehta: Argued that the committee's composition maintains democratic integrity.
• Emphasized the sanctity and trust in the Prime Minister's office and challenged the need for external influences in selection processes.
• Urged a referral to a five-judge Constitution Bench due to constitutional significance.