3 hrs ago
Supreme Court Split Over Election Commissioner Appointment Law
The Supreme Court was deciding whether a bigger group of judges should hear a case about how election officials are appointed.
The case challenges a law passed in 2023.
The two judges did not agree.
Justice Dipankar Datta said the case should not be sent to a Constitution Bench.
Justice S.C. Sharma said it should be sent there.
Because the judges disagreed, the court gave a split verdict.
The question about a larger bench therefore remains unresolved in the reported decision.
The Supreme Court’s two-judge bench delivered a split verdict on Wednesday.
The case concerns petitions challenging the 2023 law governing appointments of the Chief Election Commissioner and Election Commissioners.
Justice Dipankar Datta rejected the Centre’s request to refer the petitions to a Constitution Bench.
Justice S.C. Sharma supported referring the matter to a Constitution Bench.
The split means the question of a larger bench remains unresolved in the stated ruling.
- Who
- The Supreme Court, Justice Dipankar Datta, Justice S.C. Sharma, and the Centre are involved.
- What
- A two-judge bench issued a split verdict on whether petitions challenging the 2023 election-commissioner appointment law should go to a Constitution Bench.
- Where
- The Supreme Court of India.
- When
- Wednesday; the articles do not specify the date.
- Why
- The petitions challenge the 2023 law on appointing the Chief Election Commissioner and Election Commissioners, and the Centre sought referral to a larger bench.
Against Larger Bench Referral
For Larger Bench Referral
Whether the petitions should be referred
Against Larger Bench Referral
Justice Dipankar Datta rejected the request to refer the petitions to a Constitution Bench.
For Larger Bench Referral
Justice S.C. Sharma supported referring the petitions to a Constitution Bench.
Key facts
- Court
- Supreme Court
- Bench
- Two-judge bench
- Issue
- Referral of petitions to a Constitution Bench
- Law challenged
- 2023 law on appointing the Chief Election Commissioner and Election Commissioners
- Justice Dipankar Datta’s view
- Rejected the prayer for referral
- Justice S.C. Sharma’s view
- Supported referral to a Constitution Bench
- Outcome
- Split verdict
Sources
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