SC to examine plea seeking recall of split verdict on CEC, EC appointment law

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 (CEC) and Election Commissioners (ECs) should be referred to a larger Constitution bench.

A bench comprising 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 said the recall application had earlier been mentioned before a bench headed by Justice Dipankar Datta, but the matter was subsequently 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 any other interlocutory application had been filed, Sankaranarayanan said a curative petition had also been filed but maintained that the recall plea was a separate application.

"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.

On September 23, a bench of Justices Datta and Satish Chandra Sharma delivered separate opinions on whether a batch of petitions challenging the validity of the 2023 law should be referred to a larger Constitution bench.

The law excludes the Chief Justice of India from the panel that selects the CEC and ECs.

Justice Datta declined the Centre's request to refer the matter to a larger bench, while Justice Sharma favoured such a reference.

In view of the difference of opinion, the bench said the matter should be placed before the CJI on the administrative side for constitution of a bench of appropriate strength for an effective and authoritative adjudication.

The Centre's plea for a larger bench had arisen in the proceedings challenging the constitutional validity of the 2023 law governing the appointment of the election commissioners.

The latest development keeps open the question of how the challenge to the appointment law will be considered by the Supreme Court, following the split opinion of the two-judge bench.