सुप्रीम कोर्ट ने चुनाव आयुक्त चयन नियम पर विभाजित फैसले की पुनः समीक्षा को मंजूरी दी

The Supreme Court is set to examine a crucial plea seeking the recall of its split verdict concerning the controversial 2023 law that altered the selection process for the Chief Election Commissioner and Election Commissioners, notably excluding the Chief Justice of India.

Key Points

- The Supreme Court has agreed to examine a plea seeking the recall of its recent split verdict concerning the 2023 law on Election Commissioner appointments.

- The 2023 law controversially excludes the Chief Justice of India from the selection panel for the Chief Election Commissioner and Election Commissioners.

- A previous five-judge Constitution bench had mandated the inclusion of the CJI in the selection committee for these appointments.

- The split verdict by Justices Dipankar Datta and Satish Chandra Sharma concerned whether challenges to the 2023 law should be referred to a larger Constitution bench.

- The current development involves a recall application and a curative petition filed regarding the judgment on this significant electoral reform.

The Supreme Court on 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.

Supreme Court To Review Election Law Verdict

On September 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 Chief Justice of India from the panel for selecting the Chief Election Commissioner (CEC) and Election Commissioners (ECs) should be referred to a larger Constitution bench.

It had said due to a difference of opinion, the matter be placed before CJI Surya Kant on the administrative side for constitution of a bench of appropriate strength for an effective and authoritative adjudication.

On Wednesday, a bench comprising the Chief Justice of India 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 subsequently been released from that bench and he was asked to mention it before the CJI.

"There is a split verdict on the Chief Election Commissioner issue. We have mentioned an application for recall of the judgment," the senior advocate said.

When the CJI asked whether there was any other interlocutory application (IA), Sankaranarayanan said that a curative petition had also been filed, but added that the recall application was a separate plea.

"A curative petition has been filed. That, I think, will have to go in its own form. Whether it is maintainable, I don't know. Ours is an IA seeking recall of the judgment. Curative often requires a review," he said.

Details Of The Split Verdict And Legal Challenge

The development comes after a two-judge bench of Justices Datta and Sharma delivered split opinions on September 23 on the Centre's plea seeking reference of the challenge to the 2023 law to a larger Constitution Bench.

Justice Datta declined the Centre's request for such a reference, while Justice Sharma favoured placing the matter before a larger bench.

In view of the difference of opinion, the matter was placed before the Chief Justice for the constitution of an appropriate bench.

Evolution Of Election Commissioner Selection Process

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 the Supreme Court in its March 2, 2023 judgment.

In that judgment, 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 prime minister, the leader of the Opposition in the Lok Sabha and the Chief Justice of India.

Parliament subsequently enacted the 2023 law, under which the selection committee comprises the prime minister, a Union cabinet minister nominated by the prime minister, and the leader of the Opposition in the Lok Sabha.

The CJI is now not part of the statutory selection panel.

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