SC ने EC नामांकन कानून पर विवाद को बड़े बेंच पर भेजने का निर्णय लिया

सुप्रीम कोर्ट के दो-न्यायाधीश बेंच ने 2023 के EC नामांकन कानून की वैधता पर विभाजित रुख अपनाया, पर बाद में इस मामले को संविधान बेंच के समक्ष लाने का आदेश दिया। यह फैसला चुनाव आयोग की कार्यवाही पर चल रहे विवाद के बीच आया, और न्यायालय ने कहा कि इस मुद्दे को जल्द सुलझाने के लिए बड़े बेंच की आवश्यकता है।

The Times of India के अनुसार23 सितंबर 2026 को 11:05 pm बजे

SC ने EC नामांकन कानून पर विवाद को बड़े बेंच पर भेजने का निर्णय लिया

सौजन्य से:- The Times of India

After split verdict, SC refers law on EC appointment to larger bench; decision comes amid row over EC functioning

NEW DELHI: On a day when Election Commission found itself under the scanner, a two-judge bench of Supreme Court gave a split verdict on whether the issue of validity of the law on appointment of CEC/ECs be referred to a constitution bench, but later agreed to refer the case to a larger bench for the sake of early adjudication of the contentious issue.

The 2023 law was framed to replace an SC verdict which had directed that selection be done by a committee of the PM, CJI and leader of the opposition until Parliament determined the composition by passing a law. "Speaking in one voice would have better served institutional cohesion. Unfortunately, the court is divided in its opinion," a bench of Justices Dipankar Datta and S C Sharma said. The hearing in the case went on for five days and at the fag end of proceedings, the Centre had sought referral of the case to a constitution bench.

"Thus, we direct that the papers be placed before the CJI for considering the desirability of constituting a constitution bench of such number of judges to decide the question of vires of Sec 7 and the other provisions of Act," the bench said.

The bench expressed hope that the case would be given priority as the issues raised were of "foundational importance to the democratic fabric of the country and its citizenry".

"Petitioners seem to be justified in expressing their anxiety that references to five-judge benches remain unresolved for years. If statistics are any guide, none can say with any reasonable degree of certainty when long-pending references will get resolved. Undisputedly, this is an area of grave concern and the inordinate delay in resolution of the references is itself a source of institutional embarrassment which all stakeholders ought to strive to avoid. Self-introspection, indeed, is required," it said.

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SC: Constitution bench should deal with case to prevent delay

Noting that appointment of CEC/ECs was being litigated for last 11 years in SC after a petition was filed in 2015, the bench decided that the case should not be referred to a three-judge bench, which is the normal procedure, but to a constitution bench to settle the issue once and for all. It reasoned that a decision by a three-judge bench would be of little worth and only delay adjudication of the significant issue(s) that these writ petitions raise."Thus, we direct that the papers be placed before the CJI for considering the desirability of constituting a constitution bench of such number of judges to decide the question of vires of Sec 7 and the other provisions of Act," the bench said.

The bench expressed hope that the case would be given priority as the issues raised were of "foundational importance to the democratic fabric of the country and its citizenry".

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