Panel To Select Election Officials: Supreme Court Refers Challenge to Election Commissioner Law to Constitution Bench

The Supreme Court on Wednesday referred a batch of petitions challenging the validity of the Chief Election Commissioner and Other Election Commissioners Act, 2023 to a five-judge Constitution Bench.

A two-judge Bench comprising Justices Dipankar Datta and Satish Chandra Sharma passed the order while hearing petitions that questioned the total exclusion of the Chief Justice of India from the selection panel appointing key election officials.

Selection Panel Structure Under Scrutiny

The central controversy revolves around Section 7 of the 2023 Act, which dictates the composition of the three-member selection panel. The committee consists of the Prime Minister, a Union Cabinet Minister nominated by the Prime Minister, and the Leader of the Opposition in the Lok Sabha.

Petitioners, including the Association for Democratic Reforms and activist Jaya Thakur, argued that replacing the Chief Justice of India with a Cabinet Minister leaves the executive with an overwhelming majority, compromising the institutional independence of the Election Commission of India.

Justice Dipankar Datta raised sharp questions regarding the current appointment framework, noting that institutional safeguards must remain free from executive dominance to ensure free and fair elections.

Departure From Landmark 2023 Precedent

The reference comes in the backdrop of the landmark March 2023 Anoop Baranwal judgment, where a Constitution Bench had specifically included the Chief Justice of India in the selection panel alongside the Prime Minister and the Leader of Opposition as a temporary measure until Parliament enacted a law.

Parliament subsequently passed the new legislation in December 2023, replacing the Chief Justice of India with a Cabinet Minister. Senior counsel representing the petitioners pointed out that the current setup effectively allows the ruling government to unilaterally decide appointments, overriding the core principles laid down in the earlier ruling.

The Union government defended the statutory framework, asserting that Parliament acted fully within its legislative domain under Article 324(2) of the Constitution to frame procedures for appointments to the poll body.

Constitution Bench to Decide Fate of Law

Recognising the substantial questions of constitutional law raised by the petitions, the two-judge Bench directed the matter to be placed before the Chief Justice of India for the administrative constitution of a larger five-judge Constitution Bench.

The top court declined to grant an interim stay on the operation of the Act during earlier hearings, leading to recent appointments being made under the contested statutory framework. The upcoming Constitution Bench will now comprehensively examine whether the legislative framework satisfies the constitutional requirement of an independent election machinery.