The Supreme Court on 23 September 2026 referred petitions challenging the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, to a five-judge Constitution Bench. The petitions question the law governing the appointment process of the Chief Election Commissioner and Election Commissioners in India.
Constitution Bench and Judicial Reference
A two-judge bench of Justice Dipankar Datta and Justice Satish Chandra Sharma delivered a split verdict on the need for a larger bench reference. The judges agreed to place the papers before the Chief Justice of India for constituting a Constitution Bench. A Constitution Bench of the Supreme Court consists of at least five judges and is formed to decide substantial questions of constitutional law.
2023 Act and Appointment Panel
The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, changed the selection panel for appointments to the Election Commission of India. The law replaced the Chief Justice of India with a Union Cabinet Minister in the three-member committee that selects the Chief Election Commissioner and Election Commissioners. The Election Commission of India is a constitutional body under Article 324 of the Constitution of India.
Earlier Supreme Court Framework
The 2023 Act replaced the interim mechanism laid down by the Supreme Court in the Anoop Baranwal case on 2 March 2023. That verdict had directed that appointments be made by a panel consisting of the Prime Minister, the Leader of the Opposition, and the Chief Justice of India until Parliament enacted a law. The petitions in the present matter include those filed by the Association for Democratic Reforms and Congress leader Jaya Thakur.
Important Facts for Exams
- Article 324 of the Constitution of India deals with the superintendence, direction, and control of elections.
- The Election Commission of India is a three-member body consisting of the Chief Election Commissioner and two Election Commissioners.
- A Constitution Bench of the Supreme Court is generally constituted for cases involving important constitutional questions.
- The Anoop Baranwal case is a 2023 Supreme Court judgment on the appointment process of Election Commissioners.
Constitutional Questions
The petitions raise questions on the validity of the 2023 appointment law and the composition of the selection committee for constitutional posts. The matter will now be considered by a five-judge Constitution Bench of the Supreme Court.
