The Supreme Court has reserved its decision on whether petitions questioning the 2023 legislation on appointments of the Chief Election Commissioner and Election Commissioners should go before a five-judge bench. Justices Dipankar Datta and Satish Chandra Sharma heard the challenges to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. This statute removed the Chief Justice of India from the selection committee, which now includes the Prime Minister, a Union Cabinet Minister and the Leader of the Opposition. The court observed that the panel structure creates a two-to-one majority favoring the government and stressed the need for visible fairness in selecting an independent election official. It also recalled its earlier ruling requiring the Chief Justice on the panel until Parliament enacted a law. The government maintained that the executive deserves trust and that assuming bad faith would be improper. Petitioners argued the law weakens institutional independence by giving the Prime Minister decisive influence. The bench stated it would first decide the reference question before addressing the merits of the challenges.
