Supreme Court Split on EC Act Challenge; May Go to Constitution Bench

The Supreme Court's Division Bench of Justices Dipankar Datta and Satish Chandra Sharma delivered a split verdict on a challenge to the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, particularly Section 7 concerning the Selection Committee for appointing the Chief Election Commissioner.

Justice Datta opined that the Election Commission of India must remain insulated from exclusive executive control in appointments, rejecting a referral to a larger bench. He stressed that free and fair elections depend on a truly independent ECI that must both be and appear independent. Justice Sharma, however, favoured placing the matter before the Chief Justice for constitution of a Constitution Bench to adjudicate the constitutional validity of Sections 6, 7 and 8 of the 2023 Act.

Given the split opinion, the Division Bench directed papers to be placed before the Chief Justice for consideration of constituting an appropriate Constitution Bench. The Court also requested the CJI explore establishing a permanent five-Judge Bench to expedite such references.