In a significant development concerning the Indian judiciary, the Supreme Court on Wednesday agreed to examine recalling its recent split verdict on whether challenges to the 2023 law governing the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) should be referred to a larger Constitution bench or not.
Senior advocate Gopal Sankaranarayanan has moved a recall applicating in the top court.
The 2023 law replaces the Chief Justice of India (CJI) from the selection panel with a Union Cabinet Minister of the Prime Minister’s choice. Its validity was challenged in the top court.
The Centre then moved an application requesting the top court to refer the case to a Constitution bench.
An apex court bench of Justices Dipankar Datta and Satish Chandra Sharma on September 23 gave differing opinions on the issue, with Justice Datta declining the Centre’s request for such a reference, while Justice Sharma favouring referring the matter to a larger bench.
On Wednesday, a bench comprising CJI Surya Kant and Justices Joymalya Bagchi and V Mohana was informed about the Sankaranarayanan’s recall application. “We will examine and take a call,” the CJI said.
The petitions had challenged the constitutional validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
The Act replaced the selection mechanism laid down by the Supreme Court in its March 2, 2023, judgement. In that judgment, the apex court had directed that the CEC and ECs be appointed by the President on the advice of a committee comprising the PM, the leader of the opposition in Lok Sabha and the CJI. Parliament subsequently enacted the 2023 law replacing the CJI with a PM’s nominee in the selection committee.
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