27 October 2026
ADVERTISEMENT
ADVERTISEMENT

CEC Act Controversy: Supreme Court To Examine Plea Challenging Split Judgment

The Supreme Court will examine a plea seeking recall of its split verdict on the 2023 CEC Appointment Law. The case raises questions about the selection process for Election Commissioners and could have significant constitutional implications.
CEC Act controversy
Indian Masterminds Stories

New Delhi: The CEC Act controversy has taken a new turn after the Supreme Court agreed to examine a plea seeking recall of its September 23 split verdict related to the appointment of the Chief Election Commissioner and Election Commissioners. The development comes amid concerns raised over possible bias involving one of the judges who was part of the earlier bench.

The matter is significant because it concerns the independence of the Election Commission of India (ECI), one of the country’s most important constitutional institutions. The Supreme Court’s next decision could influence how top election officials are selected in the future.

What Is The Latest Development In The CEC Act Controversy

The Supreme Court agreed to examine an application seeking recall of its September 23 split verdict on petitions challenging the Chief Election Commissioner and Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

Read also: Supreme Court Says It Did Not Approve Modified Form 6, Seeks ECI Records in SIR Case

The plea was mentioned before a bench headed by Chief Justice of India (CJI) Surya Kant along with Justices Joymalya Bagchi and V. Mohana. Senior advocate Gopal Sankaranarayanan informed the court about the application and requested consideration of the matter.

Responding to the request, CJI Surya Kant stated that the court would examine the application and then decide on the next course of action.

Why Has The Recall Plea Been Filed

The recall plea has been filed following concerns regarding Justice Satish Chandra Sharma, who was part of the bench that delivered the split verdict.

The application points to apprehensions of bias after it emerged that Justice Sharma’s son serves as standing counsel for the Election Commission of India before the Madhya Pradesh High Court. The plea argues that these circumstances require the Supreme Court to revisit the earlier judgment.

What Is A Recall Plea

A recall plea is a legal request asking a court to reconsider or withdraw an earlier order or judgment due to specific concerns, procedural issues, or newly discovered facts. In this case, the petitioner wants the Supreme Court to reconsider the split verdict delivered on September 23.

What Was The September 23 Split Verdict

The September 23 judgment came in petitions challenging the constitutional validity of the 2023 law governing the appointment of the Chief Election Commissioner and Election Commissioners.

The two judges on the bench delivered different opinions regarding the future course of the case. Justice Dipankar Datta held that referring the matter to a larger bench was not necessary. Justice Satish Chandra Sharma, however, supported sending the matter to a larger bench for consideration. Because of these differing views, the matter was ultimately referred to a five-judge Constitution Bench. The case was also placed before the Chief Justice of India for further administrative directions.

CEC Act Controversy: Why Is The 2023 CEC Act Being Challenged

The challenge revolves around the process used to appoint the Chief Election Commissioner and Election Commissioners.

The 2023 law changed the selection mechanism for these constitutional positions. Before the law was enacted, the Supreme Court’s 2023 judgment in the Anoop Baranwal case had created an interim appointment process. Under that arrangement, the selection committee consisted of:

  • The Prime Minister
  • The Leader of the Opposition
  • The Chief Justice of India

However, the 2023 law removed the Chief Justice of India from the selection committee.

What Does The Current Law Provide?

Under the current law, the selection committee includes:

  • The Prime Minister of India
  • A Union Cabinet Minister nominated by the Prime Minister
  • The Leader of the Opposition in the Lok Sabha

Critics argue that removing the Chief Justice of India may reduce institutional balance in the appointment process. Supporters of the law say Parliament has the authority to define the appointment mechanism through legislation.

Read also: Form 6 Row: Supreme Court to Hear PIL Against CEC Gyanesh Kumar on October 27; ECI, Centre Put on Notice

FAQs

Why Is The Supreme Court Examining A Recall Plea?

The plea was filed due to concerns regarding possible bias involving a judge who was part of the bench that delivered the September 23 split verdict.

What Is The CEC Act Row?

The CEC Act row refers to the legal challenge against the 2023 law governing the appointment of the Chief Election Commissioner and Election Commissioners in India.

What Changed Under The 2023 CEC Appointment Law?

The law removed the Chief Justice of India from the selection committee and replaced the position with a Union Cabinet Minister nominated by the Prime Minister.


Indian Masterminds Stories
Join our WhatsApp Channel
ADVERTISEMENT
ADVERTISEMENT
Related Stories
ADVERTISEMENT
ADVERTISEMENT
NEWS
Indian Navy Advances Indigenous Shipbuilding with Launch of Yard 142 and Keel Laying of Yards 144 and 148
Indian Navy Advances Indigenous Shipbuilding with Launch of Yard 142 and Keel Laying of Yards 144 and 148
Sanjeev Kumar Gandhi IPS
Himachal IPS Officer Sanjeev Gandhi Transferred for 5th Time in 9 Months, Gets Industries Corporation Posting
Bhanu Pratap Singh IPS
Case Filed Against Bihar IPS Officer Bhanu Pratap Singh: Women’s Commission Issues Summons to Khagaria SP
Samrat Choudhary CM
Bihar to Showcase Naxal-Free Achievement at National Unity Day 2026 in Gujarat
India-Indonesia Joint Special Forces Exercise GARUDA SHAKTI Begins in Banyuwangi
India-Indonesia Joint Special Forces Exercise GARUDA SHAKTI Begins in Banyuwangi
Bhopal Sandalwood Thef
Believe It or Not! High-Profile Theft of Sandalwood Tree from IAS Officer’s Bungalow: Who Is Vivek Porwal?
Madhya Pradesh Logo IM
MP Transfers 5 IAS, 4 IPS Officers: Sagar, Dewas Collectors and SPs Replaced
Agniveer Jobs
First Batch of Agniveers to Exit Military: 18,300 to Leave by December 31, States Announce Jobs
ADVERTISEMENT
ADVERTISEMENT
Videos
Gajendra Singh Shekhawat
How India Plans to Boost Tourism, Create Jobs and Ease Overcrowding : Gajendra Singh Shekhawat on the Road to 2047
Dr Saket Badola IFS
Beyond Tigers and Safaris: How Corbett Literature Festival Wants to Change the Conservation Conversation
PK Jena
Why Technology Cannot Replace Human Connection in Governance: P.K. Jena
ADVERTISEMENT
UPSC Stories
IA&AS Lokesh Datal
‘Dreams Don’t Change Lives, Daily Habits Do’: IA&AS Officer Lokesh Datal on UPSC and Discipline
IA&AS officer Lokesh Datal shares his UPSC journey, clearing the exam in his fourth attempt, building...
Mavis tak
From Dropping Out of School to Becoming an IPS Officer : How a Father’s Unwavering Support Helped Mavis Tak Achieve Success
For Mavis Tak, becoming an IPS officer once seemed like a distant dream. Despite financial struggles...
Bhikan Rojekar UPSC
He missed MBBS by 1 mark in 2016; Maharashtra’s Bhikan Rojekar secures UPSC AIR 812
Bhikan Rojekar secured AIR 812 in UPSC CSE 2025 in his third attempt. Read how the son of a farm labourer...
CSR NEWS
EIL FICCI Award 2026
EIL Honoured with FICCI Chemicals & Petrochemicals Award 2026 for Outstanding Contribution to Society 
Engineers India Limited is recognised for integrating sustainable business practices with impactful CSR...
NLC India CSR Dispensary
NLC India Builds ₹1.23 Crore Dispensary in Tamil Nadu’s Ramanathapuram Under CSR Initiative
Inaugurated on October 17, 2026, the new facility at Sri Ramakrishna Math in Keelanagachi aims to strengthen...
MGL CSR initiative
MGL Donates 30-Seater Hydraulic-Lift Bus to NIEPID Davangere Under MGL Saksham CSR Initiative
Inaugurated by MGL Vice President Sanket Dhotre on October 15, 2026, the accessible bus is expected to...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
IRS Officer_ 15 Years of Global Art Exhibitions- IRS Anand Kumar
Anand Kumar: The IRS Officer Winning Recognition Worldwide Through His Watercolour Art
Indian Navy Advances Indigenous Shipbuilding with Launch of Yard 142 and Keel Laying of Yards 144 and 148
Indian Navy Advances Indigenous Shipbuilding with Launch of Yard 142 and Keel Laying of Yards 144 and 148
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
Gajendra Singh Shekhawat
Dr Saket Badola IFS
PK Jena
ADVERTISEMENT
ADVERTISEMENT