Stories
SC Bench Splits on EC Appointment Panel, Justice Datta Raises Independence Concerns
- •A two-judge Supreme Court bench delivered a split verdict on whether a five-judge bench should hear pleas challenging the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
- •The 2023 Act establishes a selection panel comprising the Prime Minister, Leader of Opposition, and a Cabinet Minister, replacing the Chief Justice of India with a Cabinet Minister from a previously proposed panel.
- •Justice Dipankar Datta expressed prima facie concerns about the independence of the Election Commission selection panel, stating that a minister nominated by the Prime Minister cannot be expected to oppose their nominator.
- •Justice Datta criticized the Centre's comparison of the EC selection process to the judicial collegium, calling the argument "disingenuous" and a "feeble attempt" to deflect from its own failures.
- •Justice SC Sharma disagreed with Justice Datta's observations, stating that the challenge to the 2023 Act raises a substantial question of law and that an appropriate Constitution Bench should hear the matter.
Key Questions Answered
The Supreme Court's two-judge bench delivered a split verdict on whether petitions challenging the 2023 law should be heard by a five-judge Constitution Bench, and the matter has now been referred to the Chief Justice of India to constitute an appropriate bench to hear the case.
Justice Datta raised concerns that the inclusion of a Union Cabinet Minister nominated by the Prime Minister fails to provide an independent counterweight, as the minister cannot be expected to oppose their nominator and would merely echo the voice of the Prime Minister.
The 2023 Act provides for a selection panel comprising the Prime Minister, the Leader of the Opposition, and a Cabinet Minister, whereas the Supreme Court had previously proposed a panel consisting of the Prime Minister, the Leader of the Opposition, and the Chief Justice of India.
