The Supreme Court has delivered a split verdict on the law governing the appointment of the Chief Election Commissioner and Election Commissioners, and asked the Chief Justice of India to consider constituting a Constitution Bench.

The two-judge bench was divided on petitions challenging the 2023 Act, which replaced the Chief Justice of India with a Union Cabinet minister nominated by the Prime Minister on the selection panel. Critics say the change undermines the independence of the Election Commission.

In March 2023, a Constitution Bench in the Anoop Baranwal case had directed, as an interim measure, that appointments be made on the advice of a panel comprising the Prime Minister, the Leader of the Opposition and the CJI, until Parliament made a law. Parliament’s law dropped the CJI.

During hearings, the court had questioned whether the Leader of the Opposition had any meaningful role when the government side commands a 2:1 majority. The matter will now go before the CJI for orders on a larger bench.