The Supreme Court on Wednesday referred a batch of petitions challenging the validity of the law governing the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) to a five-judge Constitution Bench.
A division bench comprising Justice Dipankar Datta and Justice Satish Chandra Sharma decided while dealing with petitions that contest the constitutional validity of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
The petitions—filed by civic advocacy group Association for Democratic Reforms (ADR), Congress leader Jaya Thakur, and others—specifically target the statutory exclusion of the Chief Justice of India (CJI) from the high-level selection committee.
The petitioners contended that removing the CJI from the selection mechanism violates the principle of free and fair elections, which constitutes an indispensable part of the basic structure of the Constitution.
They further argued that the revised composition of the selection panel—comprising the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition—gives the executive a decisive majority.
This, according to the plea, risks enabling the government to appoint its “yes-man” to the poll body, thereby undermining the independence of the Election Commission of India (ECI).
During the proceedings, law officers representing the Central Government—including Attorney General R. Venkataramani and Solicitor General Tushar Mehta—argued that the case involves “substantial questions of law” requiring interpretation of the Constitution.
They cited Article 145(3) of the Constitution, which mandates that any matter involving substantial questions as to the interpretation of the Constitution must be heard by a bench consisting of at least five judges.
