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Supreme Court Split on Referring CEC, EC Appointment Law to Five-Judge Bench
The bench split over whether the challenge to the 2023 appointment law should go to a larger bench, with one judge citing concerns over executive dominance.
- A Supreme Court two-judge Bench delivered a split verdict on whether to refer challenges against the 2023 CEC appointment law to a Constitution Bench, with Justice Dipankar Datta rejecting the referral and Justice SC Sharma supporting it.
- The 2023 amendment replaced the CJI on the selection panel with a Union Cabinet Minister, giving the executive a two-to-one majority over the Leader and Opposition, which petitioners argue compromises the Election Commission's independence.
- Justice Datta questioned whether a minister nominated by the Prime Minister could effectively check executive power, noting that collective responsibility makes it difficult for such a minister to oppose the Prime Minister, potentially creating executive dominance.
- Both judges directed the pleas to be placed before CJI Surya Kant to constitute a bench of appropriate strength for adjudication; a three-judge bench will now decide if a five-judge Constitution Bench should hear the case.
- Justice Deepankar Dutta noted, "We heard these petitions and applications for more than five days," lamenting the division and stating that "talking with one voice would have been better for institutional solidarity.
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17 Articles
17 Articles
CEC, EC appointment law challenged; Supreme Court refers petitions to 5-judge Bench
The Supreme Court has referred petitions disputing the law related to the appointment of the Chief Election Commissioner and Election Commissioners to a five-judge Constitution Bench.
·New Delhi, India
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Supreme Court delivers split verdict on plea to refer CEC, ECs Act validity challenge to larger bench
"We heard these petitions and applications for more than five days," Justice Deepankar Dutta said and added that talking with one voice would have been better for institutional solidarity but unfortunately, our opinion is divided.
·Noida, India
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'Judges appoint judges' is a myth: SC split over CEC appointment law, differences over Constitution Bench referral
India News: NEW DELHI: The Supreme Court on Wednesday delivered a split verdict on whether the challenge to the law governing the appointment of the Chief Electio.
·India
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Coverage Details
Total News Sources17
Leaning Left1Leaning Right5Center2Last UpdatedBias Distribution62% Right
Bias Distribution
- 62% of the sources lean Right
62% Right
13%
C 25%
R 62%
Factuality
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