The Supreme Court referred the challenge to the law governing the appointment of Chief Election Commissioner (CEC) and Election Commissioners (ECs) to a larger Constitution Bench.
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 is being challenged over its appointment process.
The selection committee under the 2023 law has the Prime Minister, a Union Cabinet Minister and the Leader of Opposition, giving the government a 2:1 majority.
The law replaced an earlier Supreme Court arrangement involving the Prime Minister, Chief Justice of India (CJI) and Leader of Opposition.
The two-judge bench gave a split verdict on the referral but later agreed that a Constitution Bench should decide the issue.
The Supreme Court noted that the case has been pending since 2015 and concerns the appointment and independence of the Election Commission.