Supreme Court sends election commissioner appointment challenges to larger bench

The Supreme Court, on 23 September, directed that petitions challenging the 2023 law governing the appointment of the Chief Election Commissioner and Election Commissioners be considered by a Constitution Bench, citing a political controversy sparked by one outlet's report. Two Election Commissioners, Sukhbir Singh Sandhu and Vivek Joshi, had lodged at least 14 objections over the Special Intensive Revision of electoral rolls in ten months.

Opposition parties have demanded the resignation and possible impeachment of Chief Election Commissioner Gyanesh Kumar, alleging he ignored dissenting views. The petitions target Section 7 of the Act, which now forms a selection committee of the Prime Minister, a Union Cabinet minister nominated by the Prime Minister, and the Leader of the Opposition, removing the Chief Justice from the panel. A two-judge bench of Justices Dipankar Datta and Satish Chandra Sharma disagreed on the referral but jointly ordered the matter to be placed before the Chief Justice to constitute an appropriately sized bench. The case revives debate over the balance of power within the Election Commission of India and its decision-making process.