A plea citing judicial propriety seeks recall of the 23 September split verdict on whether challenges to the 2023 law on selecting the CEC and Election Commissioners need a Constitution Bench.

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• On 7 October 2026, the Supreme Court agreed to examine early listing of an application seeking recall of its split verdict on the Election Commissioners appointment law.
• On 23 September 2026, Justices Dipankar Datta and Satish Chandra Sharma split on whether challenges to the 2023 Act should be referred to a larger bench.
• Justice Datta rejected the reference, holding that the Anoop Baranwal ruling of March 2023 had already settled that the Election Commission must be insulated from exclusive executive control.
• Justice Sharma held that the challenge raises an unsettled substantial question of constitutional interpretation and favoured a Constitution Bench under Article 145(3).
• The judges directed the papers to be placed before the CJI to consider constituting a Constitution Bench, avoiding the delay of a three-judge reference first.
• The Chief Election Commissioner and Other Election Commissioners Act, 2023 replaced the CJI on the selection committee with a Union Cabinet Minister nominated by the Prime Minister.
• Anoop Baranwal, a five-judge Constitution Bench ruling, had directed appointments on the advice of a panel of the Prime Minister, Leader of Opposition and CJI until Parliament legislated under Article 324(2).
• Justice Datta observed that it is not enough for the Election Commission to be independent; it must also appear independent.
• A curative petition by Jaya Thakur, reported on 30 September, seeks recall because Justice Sharma's son is reportedly the ECI's standing counsel before the Madhya Pradesh High Court.
• The plea invokes the reasonable likelihood of bias and real danger tests and argues the bench composition vitiated the 23 September decision.
• Curative petitions are normally heard by the three senior-most judges along with the judges who delivered the original judgment, if available.