Supreme Court Hears Challenge to Election Commissioners Act

The Supreme Court of India on 6 May 2026 refused the Union Government’s request to adjourn the hearing of petitions challenging the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. A two-judge bench of Justice Dipankar Datta and Justice Satish Chandra Sharma is hearing the petitions on the constitutional validity of the law.

Chief Election Commissioner and Other Election Commissioners Act, 2023

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 governs the appointment, service conditions, and tenure of the Chief Election Commissioner and other Election Commissioners. The Act removes the Chief Justice of India from the selection committee for these appointments. The 2023 Act provides for a selection committee consisting of the Prime Minister, a Union Cabinet Minister, and the Leader of Opposition in the Lok Sabha. The petitions before the Supreme Court challenge this composition under constitutional law.

Constitutional Background of Election Commissioner Appointments

In March 2023, a five-judge Constitution Bench of the Supreme Court directed that Election Commissioners should be appointed on the advice of a committee comprising the Prime Minister, the Leader of Opposition, and the Chief Justice of India. That arrangement was to continue until Parliament enacted a law on the subject. The present petitions concern the legal effect of the 2023 Act after that Constitution Bench ruling. The Supreme Court also declined to stay appointments of new Election Commissioners made under the 2023 law.

Hearing Before the Supreme Court

Solicitor General of India Tushar Mehta sought adjournment of the hearing because of his appearance in the Sabarimala case before a nine-judge bench. The Supreme Court declined the request and stated that the matter relating to the Election Commissioners’ appointment law was more important than the Sabarimala case.

Important Facts for Exams

• The Election Commission of India is a constitutional body under Article 324 of the Constitution.
• The Chief Election Commissioner and other Election Commissioners are appointed under a statutory framework after the 2023 Act.
• The Leader of Opposition in the Lok Sabha is part of the selection committee under the 2023 Act.
• A five-judge Constitution Bench had earlier included the Chief Justice of India in the appointment committee until Parliament made a law.

The Supreme Court is hearing the challenge to the 2023 Act before a two-judge bench. The Act concerns the appointment, conditions of service, and term of office of the Chief Election Commissioner and other Election Commissioners.