The Supreme Court has delivered a split verdict on petitions challenging the 2023 law that removed the Chief Justice of India from the panel appointing election commissioners.

A bench of Justices Dipankar Datta and Satish Chandra Sharma differed on the Centre’s request to send the matter to a larger bench. Justice Datta rejected the request, while Justice Sharma said the case raised a substantial constitutional question.

Justice Datta observed that the 2023 law appeared to give the executive a veto, since the Union minister who replaced the CJI is the Prime Minister’s nominee and cannot be expected to vote against him. He said the panel failed the ‘perception of trust’ test — the Election Commission must not only be independent, but appear independent.

Despite the split, both judges agreed to place the papers before the Chief Justice of India for a Constitution Bench of appropriate strength.

The 2023 Act replaced the CJI with a Union minister nominated by the Prime Minister. The bench also urged the CJI to consider a permanent five-judge bench for constitutional questions, citing inordinate delays in deciding references.