Story perspectives

Supreme Court Sends 2023 CEC Appointment Law to Constitution Bench

By Drooid · Sep 23, 2026, 5:20 PM UTC · How we work

Summary

Supreme Court Sends Petitions

Supreme Court bench sent petitions on 2023 CEC appointment law to Chief Justice Surya Kant for a Constitution Bench.
Justices Dipankar Datta and Satish Chandra Sharma split on whether a five-judge bench is required.
Petitioner Jaya Thakur challenges the Act’s removal of the Chief Justice of India from the panel.
Petitioners argue the change undermines free and fair elections guaranteed by Article 324 of the Constitution.

Summary

Datta Slams Minister

Justice Dipankar Datta said the cabinet minister on the panel fails the perception test, likening him to a cricket umpire.
Datta emphasized that justice must not only be done but also be seen to be done.
He described the minister’s presence as largely ornamental and unlikely to dissent from the Prime Minister.
Solicitor General Tushar Mehta defended the Prime Minister’s role, citing the 2014 Manoj Narula judgment on constitutional trust.

History

Historical Context

The 1994 Supreme Court ruling in S. R. Bommai v. Union of India, delivered by a nine-judge bench, declared presidential proclamations under Article 356 subject to judicial review, sharply limiting arbitrary President’s rule. That precedent now frames the debate between Justices Dipankar Datta and Satish Chandra Sharma over a new CEC law, echoing Bommai’s push for stronger judicial oversight.

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Supreme Court Sends Petitions

Supreme Court bench sent petitions on 2023 CEC appointment law to Chief Justice Surya Kant for a Constitution Bench.
Justices Dipankar Datta and Satish Chandra Sharma split on whether a five-judge bench is required.
Petitioner Jaya Thakur challenges the Act’s removal of the Chief Justice of India from the panel.
Petitioners argue the change undermines free and fair elections guaranteed by Article 324 of the Constitution.

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