Supreme Court Delivers a Split Verdict on Whether the Election Commissioners Appointment Law Needs a Constitution Bench; Papers Go to the Chief Justice

The Supreme Court on 23 September 2026 delivered a split verdict on whether petitions challenging the law on appointing the Chief Election Commissioner and other Election Commissioners should be heard by a Constitution Bench. The bench of Justices Dipankar Datta and Satish Chandra Sharma disagreed. Justice Datta rejected the Centre’s request to refer the case to a larger bench, and Justice Sharma accepted it.

The petitions challenge the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The main attack is on Section 7, which provides for a selection committee of the Prime Minister, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister. Sections 6 and 8 are also in issue. The petitioners argue that the arrangement gives the executive a two-to-one majority and undermines the independence of the Election Commission under Article 14 read with Article 324.

They rely on the 2023 Anoop Baranwal judgment, in which the Court set up an interim committee of the Prime Minister, the Leader of Opposition and the Chief Justice of India until Parliament made a law. The Centre, represented by the Attorney General and the Solicitor General, argued that those directions were interim and that Parliament was competent to legislate. It also argued that the committee’s composition alone does not show bias.

According to Juris Hour, Justice Sharma concluded that Sections 7, 6 and 8 should be examined by a Constitution Bench. The judges noted that the ordinary course for a split is a reference to a three-judge bench, but said that could cause more delay. The papers go to the Chief Justice of India, who has been asked to consider a permanent five-judge bench for pure constitutional questions.

The Court has not ruled on whether the 2023 law is valid. That question remains for a larger bench, once the Chief Justice constitutes one.

Sources: Juris Hour: Challenge to election commissioners appointment law; Bar & Bench: Supreme Court delivers split verdict.

Featured image: The Supreme Court of India building in New Delhi (cropped). Photo by Pinakpani, licensed under CC BY-SA 4.0, via Wikimedia Commons.