Supreme Court Delivers Split Verdict on Pleas Challenging Law Excluding CJI from Election Panel

Public Lokpal
September 24, 2026

The Supreme Court delivered a split verdict on whether petitions challenging the 2023 law—which excludes the Chief Justice of India (CJI) from the panel appointing Election Commissioners—should be referred to a larger Constitution Bench.

Justice Dipankar Datta rejected the government's plea for a reference, holding that core constitutional principles were already settled by the 2023 Anoop Baranwal judgment.

He prima facie noted that an executive-dominated panel fails the test of appearing independent, comparing it to an umpire chosen by one playing team.

Conversely, Justice Satish Chandra Sharma maintained that the case involves substantial constitutional questions requiring authoritative review by a five-judge bench.

Despite differing on the procedural reference, both judges unanimously agreed to place the matter directly before CJI Surya Kant to constitute a five-judge bench, bypassing intermediate delays.