Archive · 31 Jul 2026
Supreme Court Hears Challenge to 2023 CEC Appointment Law
The Supreme Court is looking at a new law that says the Chief Election Commissioner (CEC) and other election officials are chosen by a group that includes the Prime Minister, a cabinet minister, and the opposition leader.
The law does not let the Chief Justice of India (CJI) be part of that group.
Some people think this makes the election body less independent.
The court asked why the CJI was left out and whether the law is fair.
The government says the Prime Minister’s office is trustworthy and that the law is fine.
The court will decide if the case should be taken to a bigger court for a final decision.
The hearing happened in New Delhi on July 31, 2026.
Supreme Court is hearing petitions that challenge the 2023 law excluding the Chief Justice of India from the CEC selection panel.
Centre, represented by Solicitor General Tushar Mehta, defends the law, arguing the Prime Minister’s office has sanctity and should not be presumed to act in bad faith.
The court questioned why Parliament omitted the CJI, noting the CJI is part of selection committees for other key posts.
The bench reserved its verdict on whether the matter should be referred to a five‑judge Constitution Bench to decide on a substantial question of law.
Petitioners, including Congress leader Jaya Thakur and the Association for Democratic Reforms, argue that excluding the CJI undermines the independence of the Election Commission.
- Who
- Supreme Court of India, Centre represented by Solicitor General Tushar Mehta, petitioners including Jaya Thakur and the Association for Democratic Reforms
- What
- Hearing petitions challenging the 2023 law that excludes the Chief Justice of India from the selection panel for the Chief Election Commissioner and Election Commissioners
- When
- July 31, 2026
- Where
- Supreme Court of India, New Delhi
- Why
- To determine whether the exclusion of the CJI undermines the independence of the Election Commission and whether the matter requires referral to a five‑judge Constitution Bench
- Law in question
- Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- Selection panel composition
- Prime Minister, Leader of Opposition, Union Cabinet Minister
- Excluded office
- Chief Justice of India
- Court bench
- Justices Dipankar Datta and Satish Chandra Sharma
- Petitioners
- Jaya Thakur, Association for Democratic Reforms
Sources
Supreme Court hears Centre defend Prime Minister role in Election Commission appointments - Telegraph India
Supreme Court Questions Absence of CJI In CEC Selection Panel; Centre Says PM Can Be Trusted
Centre defends CEC law in SC, says PM's integrity cannot be questioned
