A plea seeks recall of the 23 September split opinion on whether challenges to the 2023 law excluding the CJI from the selection panel need a larger bench.

BulletsIn

• On 7 October 2026 the Supreme Court agreed to examine a plea seeking recall of its 23 September split verdict on the law governing appointment of the Chief Election Commissioner and Election Commissioners.
• Chief Justice Surya Kant told the petitioner's counsel that the court would examine the application and take a call.
• The challenged law is the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
• Under Sections 7 and 8 of the Act, the selection panel comprises the Prime Minister, the Leader of Opposition and a Union Cabinet Minister, excluding the Chief Justice of India.
• On 23 September a bench of Justices Dipankar Datta and Satish Chandra Sharma gave split opinions on the Centre's plea to refer the challenge to a larger Constitution bench.
• Justice Datta declined the reference, saying the challenge could be examined on principles already settled by earlier judgments, while Justice Sharma favoured a larger bench.
• The bench still directed that the matter be placed before the CJI to constitute a Constitution Bench of appropriate strength, to avoid further delay.
• A separate curative petition by Congress leader Jaya Thakur cites a reasonable apprehension of bias, because Justice Sharma's son is standing counsel for the Election Commission before the Madhya Pradesh High Court.
• A connected plea challenges the appointments of Chief Election Commissioner Gyanesh Kumar and Election Commissioner Sukhbir Singh Sandhu.
• Petitioners argue that the panel gives the executive a two-to-one majority and weakens the Commission's independence.
• On 2 March 2023 a five-judge Constitution Bench in the Anoop Baranwal case ruled that appointments should be made on the advice of a committee of the Prime Minister, the Leader of Opposition and the CJI.
• The larger constitutional challenge to the 2023 law remains unresolved while the recall plea is pending.

Tags: CECAppointmentLaw, SupremeCourt, ElectionCommission