India's Supreme Court Delays Decision on 2023 Election Commissioner Appointment Law

The Supreme Court of India on 30 July 2026 reserved its order on whether to refer a batch of petitions challenging the constitutional validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 to a larger Constitution Bench. The petitions argue that the 2023 law, which removed the Chief Justice of India from the selection committee and places the Prime Minister, Leader of Opposition and the Prime Minister in a dominant role, violates Article 324 and may allow executive overreach.

The Union government, represented by Solicitor General Tushar Mehta and Attorney General R. Venkataraman, urged the Court to refer the matter to a Constitution Bench, contending that the law raises substantial constitutional questions and that the Prime Minister’s office carries constitutional sanctity. The Court heard arguments before Justices Dipankar Datta and Satish Chandra Sharma, who will decide on the larger‑bench reference.