Supreme Court Sends Challenges to 2023 Election Commissioner Appointment Law to Constitution Bench

A five-judge Constitution Bench of the Supreme Court will hear challenges to the 2023 Election Commissioners (Appointment) Act, which excludes the Chief Justice of India from the committee that selects the Chief Election Commissioner and other Election Commissioners. The petitions, brought by the Association for Democratic Reforms, Congress leader Jaya Thakur and additional parties, argue that the Act violates the basic structure of the Constitution by endangering the Election Commission's independence.

During earlier hearings, Attorney General R Venkataramani and Solicitor General Tushar Mehta cited Article 145(3) as requiring a larger bench for substantial constitutional issues. The petitioners contend that the law allows the government to install compliant officials, compromising electoral integrity. The Court noted Parliament's authority under Article 324(5) to legislate on commissioners' service conditions, but emphasized the need for judicial scrutiny. The matter now proceeds before the Constitution Bench for a final decision.