Supreme Court Refers Challenge to 2023 EC Appointment Law to 5-Judge Constitution Bench

SC Refers 2023 CEC Appointment Law to CJI for Constitution Bench; Excludes CJI from Selection Panel

The Supreme Court has referred the challenge to the 2023 law on appointment of CEC and ECs to the CJI for consideration of a Constitution Bench. The law replaced the CJI with a Cabinet minister in the selection panel, raising concerns about executive influence. A split verdict between two judges led to the referral.

SC Split Verdict on CEC/EC Appointment Act, 2023; Matter Referred to CJI for Constitution Bench

A two-judge Supreme Court bench has split on whether to refer the challenge to the CEC and ECs (Appointment, Conditions of Service and Term of Office) Act, 2023 to a five-judge Constitution Bench. With Justice Dipankar Datta disagreeing with Justice S C Sharma, the case now goes to the CJI for constituting a larger bench. For aspirants, this is a direct link to Article 324, the Anoop Baranwal verdict, and the independence of the Election Commission.

Anoop Baranwal Principle vs Prescription: SC Split on Referral of CEC Appointment Act Challenge

The Supreme Court's two-judge bench split on whether to refer the challenge to the 2023 CEC Appointment Act to a Constitution Bench. Justice Datta held that the Anoop Baranwal principle (appointments free from exclusive executive control) is binding, while the specific committee composition (including CJI) was advisory; thus the challenge raises only application, not interpretation. Justice Sharma disagreed, citing need for independent examination. This debate is crucial for understanding the constitutional independence of the Election Commission.

Supreme Court Questions Fairness of PM-Led Panel for CEC Appointment Under 2023 Act

The Supreme Court has questioned whether the selection of the Chief Election Commissioner (CEC) and Election Commissioners by a PM-led committee (with a Union Minister and LoP) demonstrates 'fairness'. The Centre defended the process citing constitutional trust, but the court hinted at the need for a more independent mechanism. This is crucial for understanding the debate on institutional independence and the Election Commission's autonomy.

Supreme Court Split Verdict: Justice Dipankar Datta Terms Centre's Remarks on Collegium 'Disquieting'

In a split verdict, Justice Dipankar Datta of the Supreme Court strongly defended the collegium system, terming the Centre's oral criticism as 'disingenuous, evasive and disquieting'. The judgment reaffirms the judiciary's independence in appointments and warns against undermining institutional integrity. Essential for UPSC Polity (Judicial Appointments, Separation of Powers).

Parliament Increases Supreme Court Judges Strength from 34 to 38 via Amendment Bill, 2026

Parliament has increased the sanctioned strength of the Supreme Court from 34 to 38 judges (including CJI) for the first time since 2019. The Supreme Court (Number of Judges) Amendment Bill, 2026, was passed by Lok Sabha on August 3, 2026, replacing an ordinance. The move aims to address the growing backlog of cases in the apex court.

Supreme Court Nine-Judge Bench Revisits 'Industry' Definition: Bangalore Water Supply Case (1978) Under Scrutiny

The Supreme Court's nine-judge bench is set to rule on the definition of 'industry' under the Industrial Disputes Act, 1947, potentially expanding or contracting labour protections for workers in hospitals, educational institutions, and government welfare schemes. This landmark decision could impact millions of employees and reshape industrial relations law.

AP High Court Declares Three-Capitals Petitions Infructuous; Amaravati Now Sole Capital Under AP Reorganisation (Amendment) Act 2026

The Andhra Pradesh High Court has deemed all petitions against the proposed three-capitals model as infructuous after Parliament amended the AP Reorganisation Act, 2014, making Amaravati the sole capital by law. This ends a long-standing political and legal battle, with implications for state governance and federal structure.