LoP Role ‘Largely Ornamental’?: SC Judges Split Over EC Appointment Law, Matter Sent To CJI

The Supreme Court is examining petitions challenging the 2023 law governing the appointment of India’s Chief Election Commissioner and Election Commissioners. The law replaced the Chief Justice of India with a Union Cabinet minister nominated by the Prime Minister on the selection committee. Two judges hearing the matter have differed on whether the case should be decided by their bench or referred to a Constitution Bench. Justice Dipankar Datta said the existing principles laid down in the Anoop Baranwal judgment may be sufficient, while Justice Satish Chandra Sharma said the constitutional validity of the 2023 law raises a new question. Justice Datta also questioned the role of the Leader of Opposition and rejected the government’s comparison with the judicial Collegium system.