2 hrs ago
Supreme Court to Examine Plea Seeking Recall of Split Verdict
The Supreme Court is considering a request to take back or reconsider an earlier split decision.
That decision was about whether a challenge to a law on choosing top election officials should go to a larger group of judges.
The law leaves the Chief Justice of India off the selection panel.
Two judges disagreed about sending the case to a larger Constitution bench.
One judge said no, while the other said yes.
A lawyer asked the current bench to consider a separate plea seeking recall.
He also said a curative petition had been filed.
The Chief Justice said the court would examine the request and decide what to do.
The Supreme Court agreed to examine a plea seeking recall of a split verdict concerning the 2023 law on appointments of the Chief Election Commissioner and Election Commissioners.
The split verdict was delivered on September 23 by Justices Dipankar Datta and Satish Chandra Sharma.
The law excludes the Chief Justice of India from the panel that selects the CEC and Election Commissioners.
Justice Datta opposed referring the challenge to a larger Constitution bench, while Justice Sharma supported the reference.
Senior advocate Gopal Sankaranarayanan told the CJI-led bench that a separate curative petition had also been filed.
- Who
- The Supreme Court, including Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana; senior advocate Gopal Sankaranarayanan presented the recall plea.
- What
- The court agreed to examine an application seeking recall of a split verdict about referring challenges to the 2023 CEC and Election Commissioners appointment law to a larger Constitution bench.
- Where
- Supreme Court of India, New Delhi.
- When
- The court considered the application on Wednesday; the split verdict was delivered on September 23. The report is dated October 7.
- Why
- The application seeks recall of a split verdict on whether challenges to the 2023 appointment law should be referred to a larger Constitution bench.
No Larger Bench Reference
Larger Bench Reference
Whether to refer the challenge to a larger Constitution bench
No Larger Bench Reference
Justice Dipankar Datta declined the Centre's request for a reference to a larger bench.
Larger Bench Reference
Justice Satish Chandra Sharma favoured placing the matter before a larger bench.
Key facts
- Law at issue
- A 2023 law governing appointment of the Chief Election Commissioner and Election Commissioners
- Selection panel change
- The law excludes the Chief Justice of India from the selection panel
- Split verdict date
- September 23
- Judges who split
- Justices Dipankar Datta and Satish Chandra Sharma
- Justice Datta's position
- Declined the Centre's request to refer the challenge to a larger bench
- Justice Sharma's position
- Favoured placing the matter before a larger bench
- Other filing mentioned
- A curative petition had also been filed, separately from the recall application
Quotes
Chief Justice of India Surya Kant
Chief Justice of India who heard the recall application being mentioned.
“A curative petition has been filed. That, I think, will have to go in its own form. Whether it is maintainable, I don't know. Ours is an IA seeking recall of the judgment. Curative often requires a review.”
deccanchronicle.com
theprint.in
“There is a split verdict on the Chief Election Commissioner issue. We have mentioned an application for recall of the judgment.”
deccanchronicle.com
theprint.in
Sources
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