The Supreme Court Election Commission Appointment Law case saw a split opinion on September 23, 2026. Justices Dipankar Datta and Satish Chandra Sharma differed on whether petitions challenging the 2023 law should be sent to a larger Constitution Bench.Key HighlightsJustice Dipankar Datta did not favour referring the petitions to a five-judge Constitution Bench.Justice Satish Chandra Sharma supported a reference to a larger bench.The matter will now go to Chief Justice of India Surya Kant for administrative directions.The petitions challenge the 2023 law governing appointments of the CEC and Election Commissioners.Why Is the Election Commission Appointment Law Challenged?"The case concerns the 2023 CEC appointment law, formally known as the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023."The law changed the composition of the selection committee for appointing the Chief Election Commissioner and Election Commissioners. Under the earlier framework laid down by the Supreme Court in 2023, the committee included the Prime Minister, the Leader of the Opposition in the Lok Sabha and the Chief Justice of India.The 2023 law replaced the Chief Justice of India with a Union Cabinet Minister nominated by the Prime Minister. This gives the government two members on the three-member selection panel, along with the Leader of the Opposition.What Did the Two Judges Say?The Supreme Court split verdict came after the bench heard arguments for several days.Justice Datta did not agree that the matter needed to be immediately referred to a larger bench. Justice Sharma took the opposite view and supported sending the constitutional challenge to a five-judge bench.Despite their difference, both judges agreed that the issue should be placed before the Chief Justice on the administrative side. The CJI will decide the next steps, including whether a Constitution Bench should hear the matter.What Happens Next?The CEC appointment case is therefore not finally decided. The Supreme Court has not yet ruled on the constitutional validity of the 2023 law.The next decision will concern the constitution of a larger bench and the future hearing of the petitions. The case could determine how the legal challenge to the Election Commissioner appointment case proceeds.Also Read : Supreme Court Pulls Up TMC Over ‘Deleted Votes’ Claim in Bengal Polls,
