SC reserves order on referring CEC appointment issue to 5-judge bench

The Supreme Court reserved judgment on referring the CEC appointment issue to a five-judge bench, hearing petitions against the CEC and EC (Appointment, Conditions of Service and Term of Office) Act, 2023.

Petitioners, including Congress leader Jaya Thakur and NGO Association for Democratic Rights, argue the law is unconstitutional as it violates Article 14 and defeats free and fair elections under Article 324.

The Act's Section 7 sets a selection committee headed by the Prime Minister, with the Leader of Opposition and a Union Minister as members.

Petitioners argue that the exclusion of the Chief Justice of India from the selection panel violates the principles in the Anoop Baranwal judgment.

The Centre, represented by Attorney General R Venkataramani and Solicitor General Tushar Mehta, argued that the matter involves substantial questions of law requiring a five-judge bench under Article 145(3).