Supreme Court split on EC Act challenge; suggests permanent Constitution Bench

A Division Bench of the Supreme Court delivered a split verdict on whether to refer petitions challenging provisions of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, to a larger bench.

Justice Dipankar Datta held that free and fair elections are a basic constitutional feature and the Election Commission should be insulated from exclusive executive control in CEC and EC appointments, rejecting the referral plea. Justice Satish Chandra Sharma opined that the petitions should be placed before the Chief Justice for constitution of a Constitution Bench to examine the constitutional validity of sections 7, 6 and 8 of the 2023 Act.

Given the split opinion, the Bench directed papers to be placed before the CJI for deciding whether to constitute an appropriate Constitution Bench. The Court also urged the Chief Justice to explore constituting a permanent 5-Judge Bench for pure constitutional issues, noting that constitutional references have been pending 5 to 20 years or more.