NEW DELHI: Supreme Court Wednesday agreed to examine a plea seeking recall of its recent split verdict on whether challenges to the 2023 law governing the appointment of the chief election commissioner and election commissioners should be referred to a larger Constitution bench.On Sept 23, a bench of Justices Dipankar Datta and Satish Chandra Sharma gave split opinions on whether a batch of pleas challenging the validity of a 2023 law that excludes the CJI from the selection panel should go to a Constitution bench.Justice Datta declined the Centre’s request for such a reference, while Justice Sharma favoured placing the matter before a larger bench.It had said due to a difference of opinion, the matter would be placed before CJI Surya Kant on the administrative side for the constitution of a bench of appropriate strength for an effective and authoritative adjudication.On Wednesday, a bench comprising the CJI and Justices Joymalya Bagchi and V Mohana was told about the recall application by senior advocate Gopal Sankaranarayanan. “We will examine and take a call,” the CJI said.Sankaranarayanan told the bench that the recall application had earlier been mentioned before a bench headed by Justice Datta, but the matter had been released and he was asked to mention it before the CJI.When the CJI asked whether there was any other interlocutory application, Sankaranarayanan said a curative petition had also been filed. “That, I think, will have to go in its own form,” he said.The petitions had challenged the constitutional validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which replaced the selection mechanism laid down by SC in its March 2, 2023 judgement.
Share your thoughts in the comments
Be respectful · TOI community guidelines
In that ruling, a five-judge Constitution bench had directed that the CEC and ECs be appointed by the President on the advice of a committee comprising the PM, the leader of the opposition in Lok Sabha and the CJI. Parliament subsequently enacted the 2023 law, under which the selection committee comprises the PM, a Un-ion Cabinet minister nominated by the PM and the leader of the opposition in LS.
