Story perspectives

Supreme Court Sends Election Panel Challenge to CJI

By Drooid · Sep 24, 2026, 4:07 AM UTC · How we work

Summary

Story summary

Supreme Court split on referring petitions challenging 2023 Election Commissioners appointment to a larger bench.
Justice Dipankar Datta rejected the referral, saying executive cannot be above law.
The 2023 Act replaces the Chief Justice of India with a Cabinet minister on panel.
Petitioners argue the panel gives the Prime Minister a 2:1 majority, threatening independence.
The bench sent the issue to the Chief Justice of India for a Constitution Bench.

History

Historical Context

In 1993 the Supreme Court’s Advocates-on-Record Association v. Union of India (Second Judges Case) instituted a five-senior-judge collegium to keep appointments independent of the executive. The collegium persisted after the 2015 Supreme Court strike-down of the National Judicial Appointments Commission. In 2023 Justice Dipankar Datta refused to refer the Election Commissioner appointment that gives Prime Minister Narendra Modi a 2:1 majority, echoing the 1993 safeguard.

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Story summary

Supreme Court split on referring petitions challenging 2023 Election Commissioners appointment to a larger bench.
Justice Dipankar Datta rejected the referral, saying executive cannot be above law.
The 2023 Act replaces the Chief Justice of India with a Cabinet minister on panel.
Petitioners argue the panel gives the Prime Minister a 2:1 majority, threatening independence.
The bench sent the issue to the Chief Justice of India for a Constitution Bench.

1 / 2