SC Split Verdict on CEC Appointment Law

• 25 Sep 2026

On 23rd September 2026, the Supreme Court (SC) delivered a split verdict in Dr. Jaya Thakur v. Union of India & Connected Matters on whether challenges to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 require consideration by a Constitution Bench.

Key Issue

• The petitions challenge Section 7 and other provisions of the 2023 Act concerning the appointment mechanism for the Election Commission of India (ECI).
• The dispute centres on whether the Chief Justice of India (CJI) can be excluded from the selection process and replaced by a Union Cabinet Minister.

Split Verdict

• Justice Dipankar Datta: Held that a larger Bench was unnecessary, as constitutional principles relating to free and fair elections and ECI independence were already settled in Anoop Baranwal (2023).
• Justice Satish Chandra Sharma: Favoured a Constitution Bench, holding that the challenge raises a substantial question of constitutional interpretation under Article 145(3).

Outcome & Significance

• Due to the difference of opinion, the judges directed that the matter be placed before the Chief Justice of India for considering an appropriate Constitution Bench.
• The Court also highlighted the need to address delays in deciding constitutional references.