Supreme Court split verdict on referring CEC appointment law challenge to Constitution Bench

23 Sep 2026 National

A two-judge Supreme Court bench delivered a split verdict on whether the challenge to the Chief Election Commissioner and Other Election Commissioners Act, 2023 should go to a Constitution Bench. The matter was placed before the Chief Justice of India.

Important Facts

  • Law under challenge: CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023
  • Section 7 replaced the Chief Justice of India on the selection committee with a Union Cabinet Minister nominated by the PM
  • Justice Dipankar Datta: no larger bench needed, principles settled in Anoop Baranwal (2023)
  • Justice Satish Chandra Sharma: substantial question under Article 145(3), so a Constitution Bench is needed
  • Outcome: matter placed before the CJI
Exam Point: Article 324 deals with the Election Commission; Article 145(3) requires at least 5 judges for substantial questions of constitutional interpretation.

Source: Vision IAS (The Indian Express summary)

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