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Supreme Court Examines Validity of Excluding CJI From Election Commission Selection Panel

The bench said the challenge raises a major constitutional question and declined to delay arguments or block recent appointments under the law.

  • On Wednesday, the Supreme Court refused the Centre's request to adjourn hearings challenging the 2023 Chief Election Commissioner and Other Election Commissioners Act, citing the case's paramount importance.
  • Parliament enacted the 2023 Act, removing the Chief Justice from the selection committee and replacing the judicial participation framework mandated by the Anoop Baranwal judgment in March 2023.
  • The Association for Democratic Reforms and Congress leader Jaya Thakur argue the exclusion grants the Prime Minister excessive control. Justice Dipankar Datta questioned whether past committees had ever recommended including the Chief Justice.
  • Justices Dipankar Datta and Satish Chandra Sharma rejected Solicitor General Tushar Mehta's adjournment request, with Justice Datta stating, "This matter is more important than any other matter."
  • The bench directed petitioners to conclude arguments by Thursday, May 7, 2026, allowing the Centre to present submissions on the constitutional validity of the Act governing Election Commission appointments.
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NDTV broke the news in New Delhi, India on Wednesday, May 6, 2026.
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