A two-judge bench of the Supreme Court referred the petitions challenging the CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023 to the larger constitutional bench.

SC split verdict

• One Judge observed that the issue has to be authoritatively determined by a Constitution Bench in terms of Article 145(3) of the Constitution.
• As per Article 145(3), a Constitution Bench minimum five judges decides a “substantial question of law” involving the interpretation of the Constitution.
• Another judge held that no larger-bench reference was needed, as the Anoop Baranwal case (2023) 5-judge Bench had already established that ECI appointments must be free from executive influence.
• Anoop Baranwal vs. Union of India (2023) laid down an interim mechanism until Parliament enacts a law, under which appointments would be made by a selection committee comprising: Prime Minister, Leader of Opposition(LoP) in Lok Sabha and  Chief Justice of India.

Background of the verdict

• The pleas challenge Section 7 of the Act 2023, under which the Selection Committee for appointment of CEC and ECs by president comprises:
• Prime Minister(PM), a Union Cabinet Minister nominated by PM and LoP/leader of the largest opposition party in Lok Sabha.
• The petitioners contend that the arrangement gives the executive a two-to-one majority and undermines the independence of the Election Commission.