A Court divided by its own architecture
A two-judge Supreme Court bench delivered a split verdict regarding the validity of the 2023 Election Commissioner appointment law. The judges disagreed on whether a two-judge bench had the authority to decide the case, leading to a referral for a larger Constitution Bench.
Why it matters
The case concerns the independence of the Election Commission and the constitutional process for appointing its members.
On September 23, a two-judge Bench of the Supreme Court of India, comprising Justices Dipankar Datta and Satish Chandra Sharma, delivered a split verdict on a set of petitions which assailed the validity of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. Remarkably, the judges were divided not on the merits of the challenge, but on whether a Bench of two was competent to decide the matter at all.
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