Dr. Jaya Thakur And Ors. Vs Union of India And Anr. (Supreme Court of India)
Election Commissioners’ Appointment Law Heads to Constitution Bench: Supreme Court Split on Whether Two Judges Could Decide Challenge
Challenge to Executive-Dominated Selection Committee
In Dr. Jaya Thakur & Others v. Union of India & Others, 2026 INSC 1040, order dated 23.09.2026, the Supreme Court directed that the constitutional challenge to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 be placed before the Chief Justice of India for considering the constitution of a larger Constitution Bench.
The two-Judge Bench comprising Justice Dipankar Datta and Justice Satish Chandra Sharma delivered differing opinions on whether the constitutional validity of the 2023 Act could be decided by the existing Bench or required consideration by a Bench of at least five Judges under Article 145(3) of the Constitution. Although Justice Dipankar Datta held that no reference was necessary, Justice Satish Chandra Sharma concluded that the issues raised substantial and previously undecided questions of constitutional interpretation requiring a Constitution Bench.
In view of this difference, both Judges ultimately directed that the papers be placed before the Chief Justice of India for considering the constitution of an appropriate Constitution Bench to adjudicate the validity of section 7 and the other challenged provisions.
