Supreme Court Split on Election Commissioners Act 2023; Matter Referred to CJI for Constitution Bench

A Division Bench of Justices Dipankar Datta and Satish Chandra Sharma delivered a split verdict on whether to refer petitions challenging the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 to a Constitution Bench.

Justice Sharma opined that the challenge to Sections 6, 7 and 8 of the 2023 Act raises substantial constitutional questions not previously decided and should be heard by a Constitution Bench. Justice Datta, however, opposed the reference, citing established precedent that free and fair elections are a basic constitutional feature and the Election Commission must remain insulated from exclusive executive control in appointments.

Given the split opinion, the Division Bench directed that papers be placed before the Chief Justice of India to decide whether a Constitution Bench should be constituted to examine the constitutional validity of Section 7 of the 2023 Act.