Challenges to the Appointment of Election Commissioners Act, 2023 | Order Matrix

On 23 September, a Bench of Justices Dipankar Datta and S.C. Sharma delivered split opinions on whether the challenge to the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 should be referred to a larger Bench. Justice Datta held that Anoop Baranwal v Union of India (2023) settled that free and fair elections are a basic feature of the Constitution and that the ECI must be insulated from exclusive executive control. Justice Sharma held that whether Parliament was justified in not including a neutral selector raised a substantial question of law as to the interpretation of the Constitution. The Bench directed that the papers be placed before the CJI to consider the desirability of constituting a Constitution Bench for adjudication.

Our matrix provides each judge’s opinion on the issues.