58 mins ago
Supreme Court Split Over Larger Bench For Poll Body Case
India’s Supreme Court heard petitions about how top election officials should be chosen.
A 2023 law removed the Chief Justice of India from the selection group.
Two judges heard the case for five days but disagreed about whether a larger bench should examine it.
Justice Dipankar Datta did not think the case needed to be sent to a five-judge bench.
Justice Satish Chandra Sharma disagreed.
Both judges agreed that Chief Justice Surya Kant should decide administratively whether to create a Constitution bench.
Justice Datta said the Election Commission should be independent from the government.
He compared government influence over election officials to a team choosing its own cricket umpire.
The Election Commission said its decisions during the past year were unanimous.
Justices Dipankar Datta and Satish Chandra Sharma disagreed on referring challenges to a larger bench.
The petitions challenge a 2023 law excluding the Chief Justice of India from the CEC and EC selection panel.
Both judges agreed to send the issue administratively to Chief Justice Surya Kant.
Justice Datta argued the Election Commission must be independent and free from executive control.
The Election Commission said all decisions taken over the past year were unanimous.
- Who
- Justices Dipankar Datta and Satish Chandra Sharma heard petitions challenging the 2023 law; Chief Justice Surya Kant will consider the administrative referral.
- What
- The Supreme Court delivered a split opinion on whether the petitions should be referred to a larger Constitution bench.
- Where
- The matter was heard by the Supreme Court of India.
- When
- The judges issued their divergent views today after hearing the matter for five days; the challenged law was enacted in 2023.
- Why
- The petitions challenge the exclusion of the Chief Justice of India from the panel selecting the Chief Election Commissioner and Election Commissioners.
Refer To Larger Constitution Bench
Do Not Refer To Larger Bench
Need for a larger bench
Refer To Larger Constitution Bench
Justice Satish Chandra Sharma agreed with the view that the petitions raised issues warranting consideration by a five-judge Constitution bench.
Do Not Refer To Larger Bench
Justice Dipankar Datta declined the Centre's submission that the petitions involved seminal constitutional questions requiring referral to a five-judge bench.
Election Commission independence
Refer To Larger Constitution Bench
The challenged 2023 law retains a selection process that excludes the Chief Justice of India, a change whose constitutional validity is being contested.
Do Not Refer To Larger Bench
Justice Datta argued that free and fair elections require an Election Commission outside executive control and said its independence must also be visible to the public.
Key facts
- Issue
- Whether the petitions challenging the 2023 selection law should go to a larger bench.
- Judges
- Justice Dipankar Datta and Justice Satish Chandra Sharma.
- Challenged change
- The 2023 law excludes the Chief Justice of India from the CEC and EC selection panel.
- Administrative referral
- Both judges agreed to send the matter to Chief Justice Surya Kant.
- Earlier ruling
- On March 2, 2023, a five-judge Constitution bench included the Prime Minister, Lok Sabha Opposition Leader and Chief Justice of India in the selection committee.
- Justice Datta's view
- The Election Commission must be independent and must appear to be independent.
- Election Commission statement
- The commission said all decisions taken in the last year were unanimous and differing views are normal in institutional deliberations.
Quotes
Election Commission of India
India’s constitutional election authority responding to reports about internal disagreements
“Had we delivered a unanimous verdict, it would have been in the interest of institutional solidarity. Unfortunately, there is a difference of opinion. Due to this difference, I had to write a more detailed order.”
NDTV
“Free and fair elections depend on a truly independent ECI. It is not enough for the ECI to be independent; it must appear to be independent.”
NDTV
Sources
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