SC refers pleas challenging election commissioner appointment Act to larger bench
According to the law, the Centre enjoys a 2:1 majority over the Opposition leader in the selection panel, if there is a difference of opinion.
Black News 
The Supreme Court on Wednesday referred the petitions challenging the constitutionality of a 2023 law that governs the appointment of members of the Election Commission to a larger bench, reported Live Law.
Justices Dipankar Datta and Satish Chandra Sharma initially disagreed on whether the matter should be referred. They eventually ordered that it be placed before the Chief Justice Surya Kant so that he could form a constitutional bench to avoid further delay, reported Bar and Bench.
The 2023 Chief Election Commissioner and Other Election Commissioners Appointment, Conditions of Service and Term of Office Act states that the head of the poll panel and the two other top members are to be appointed based on the recommendations of a selection committee comprising the prime minister, a Union Cabinet minister and the leader of the Opposition in the Lok Sabha.
The composition of the panel means that the government enjoys a 2:1 majority over the leader of the Opposition, if there is a difference of opinion.
The bench was hearing six petitions challenging the constitutional validity of the law.
On July 30, the court reserved its decision on the Union government’s request to refer the matter to a larger bench.
On Wednesday, Datta held that the law “does not appear to ensure an independent selection process”, reported Live Law. A “nominee of the prime minister...
