Stories
Supreme Court to Examine Plea for Recall of Split Verdict on CEC Law
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CNBC TV18•07-10-2026, 14:07
Supreme Court to Examine Plea for Recall of Split Verdict on CEC Law
- •The Supreme Court has agreed to examine a plea seeking the recall of a recent split verdict concerning the 2023 law on the appointment of the Chief Election Commissioner and Election Commissioners.
- •On September 23, Justices Dipankar Datta and Satish Chandra Sharma delivered split opinions on whether to refer the challenge against the 2023 law to a larger Constitution bench.
- •Senior advocate Gopal Sankaranarayanan mentioned the recall application before a bench comprising the Chief Justice of India and Justices Joymalya Bagchi and V Mohana.
- •The 2023 law replaced a previous selection mechanism by excluding the Chief Justice of India from the panel that appoints the CEC and ECs.
- •The CJI stated that the court will examine the matter and take a call following the mention of the interlocutory application.
Key Questions Answered
The Chief Election Commissioner and Other Election Commissioners Act, 2023 regulates the appointment, conditions of service, and term of office of top election officials, replacing the previous mechanism laid down by the Supreme Court.
Under the 2023 law, the selection committee comprises the Prime Minister, a Union Cabinet minister nominated by the Prime Minister, and the Leader of the Opposition in the Lok Sabha, excluding the Chief Justice of India.
On September 23, Justices Dipankar Datta and Satish Chandra Sharma delivered split opinions on whether to refer challenges against the 2023 law to a larger Constitution bench, with Justice Datta declining and Justice Sharma favoring the reference.
