SC to Examine Plea Seeking Recall of CEC Act Split Verdict
The Supreme Court agrees to examine an application seeking to recall the split verdict on the CEC and Election Commissioners Act, 2023.
The Supreme Court of India has agreed to examine an application seeking to recall the split verdict delivered on September 23 regarding the challenges to the Chief Election Commissioner and Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
Conflict of Interest Allegations
The request for a recall comes amidst serious apprehensions regarding potential bias. It has emerged that the son of Justice Satish Chandra Sharma, who was part of the original bench that delivered the split verdict, is currently serving as standing counsel for the Election Commission of India before the Madhya Pradesh High Court.
Senior advocate Gopal Sankaranarayanan brought this matter to the attention of a bench comprising:
- Chief Justice of India Surya Kant
- Justice Joymalya Bagchi
- Justice V. Mohana
Sankaranarayanan mentioned that an interlocutory application (IA) has been filed specifically to seek the recall of the judgment previously delivered by the bench consisting of Justices Dipankar Datta and Satish Chandra Sharma. Responding to the mention, CJI Surya Kant stated, “We will examine and then take a call.”
Furthermore, the counsel informed the court that another party has already filed a curative petition against the same split verdict.
The Core of the Legal Battle
The legal dispute centers on the validity of the 2023 law that governs how the Chief Election Commissioner (CEC) and Election Commissioners are appointed. This legislation replaced the selection mechanism previously established by the Supreme Court in its Anoop Baranwal judgment.
The primary point of contention is the exclusion of the Chief Justice of India from the selection panel. Under the current 2023 law, the selection committee is composed of:
- The Prime Minister
- A Union Cabinet Minister nominated by the Prime Minister
- The Leader of the Opposition in the Lok Sabha
The Split Verdict Explained
The September 23 verdict saw the two judges offer divergent opinions on whether the legal challenges should be referred to a larger bench:
- Justice Dipankar Datta held that a reference to a larger bench was not necessary.
- Justice Satish Chandra Sharma favoured such a reference.
The bench ultimately decided to refer the issue to a five-judge bench and placed the matter before the Chief Justice of India for further directions. The current application now seeks to revisit that very decision following the allegations of a conflict of interest.