Supreme Court divided on law altering CJI role in poll body

A two-judge bench of India's Supreme Court remained divided on Wednesday over whether to refer constitutional challenges to the 2023 Election Commission (Conduct of Election) Amendment Act to a larger five-judge bench for adjudication. The government had approached the court seeking such referral, but the bench could not reach consensus on the matter. The 2023 law altered the composition and appointment mechanism for Election Commissioners, including changing the role of the Chief Justice of India in the selection process. One judge expressed apprehension that the amended law removed an important institutional counterweight in the appointment procedure, potentially compromising the independence of the electoral body. The contested legislation replaced the CJI's role as a member of the appointment committee with a Union minister instead, drawing criticism from multiple quarters. With the judges unable to unanimously decide whether the matter warrants examination by a larger constitutional bench, the case now faces procedural hurdles in advancing toward substantive judicial review. The split verdict underscores the significant constitutional questions surrounding the law's compatibility with foundational principles of electoral autonomy and institutional independence.