Archive · 8 Oct 2026
Supreme Court to Examine Recall Plea Over CEC Appointment Law
The Supreme Court has agreed to consider a request to recall an earlier decision.
That earlier decision was split between two judges.
They disagreed about whether challenges to a 2023 law should go to a larger group of judges.
The law leaves the Chief Justice of India off the panel that chooses top election officials.
Justice Dipankar Datta opposed sending the challenge to a larger bench, while Justice Satish Chandra Sharma supported it.
A lawyer, Gopal Sankaranarayanan, brought the recall request to the court.
He also told the judges that a separate curative petition had been filed.
Chief Justice Surya Kant said the court would examine the request and decide what to do.
The Supreme Court agreed to examine an application seeking recall of a split verdict on the 2023 election commissioners appointment law.
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 selecting the Chief Election Commissioner 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 a bench led by Chief Justice Surya Kant that a separate curative petition had also been filed.
- Who
- The Supreme Court; senior advocate Gopal Sankaranarayanan presented the recall application to a bench led by Chief Justice Surya Kant.
- What
- The court agreed to examine a plea seeking recall of a split verdict about referring challenges to the 2023 appointment law to a larger Constitution bench.
- When
- The court considered the plea on Wednesday, October 7; the split verdict was delivered on September 23.
- Where
- Supreme Court of India, New Delhi.
- Why
- The application seeks recall of the split verdict on whether challenges to the 2023 law should be referred to a larger Constitution bench.
Against Larger Bench Reference
For Larger Bench Reference
Whether to refer the challenge to a larger Constitution bench
Against Larger Bench Reference
Justice Dipankar Datta declined the Centre's request to refer the challenge to a larger bench.
For Larger Bench Reference
Justice Satish Chandra Sharma favoured placing the challenge before a larger bench.
- Law at issue
- The 2023 law governing appointments of the Chief Election Commissioner and Election Commissioners
- Selection panel
- The law excludes the Chief Justice of India from the panel selecting the CEC and Election Commissioners
- Split verdict date
- September 23
- Judges who issued the split verdict
- Justices Dipankar Datta and Satish Chandra Sharma
- Recall application
- The Supreme Court agreed to examine the separate application seeking recall of the split verdict
- Curative petition
- Sankaranarayanan told the court that a curative petition had also been filed
