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New Delhi: After disagreement, a two-judge Supreme Court bench on Wednesday (September 23) referred the petitions challenging the 2023 Act pertaining to the appointment of chief election commissioners and election commissioners to a constitution bench. Justice Dipankar Datta mentioned that the 2023 law, prima facie, confers a veto on the executive, since the appointment by a committee comprising the prime minister, Union minister and the leader of opposition, fails the “perception trust,” Live Law reported.

“Free and fair elections depend on a truly independent ECI [Election Commission of India]. It is not enough for the ECI to be independent; it must appear to be independent. The member nominated by the prime minister cannot be expected to defy the Prime Minister,” Justice Datta observed.

Further, Justice Datta questioned the rationale behind including a cabinet minister as the third member of the selection committee.

“Inclusion of cabinet ministers fails to provide an independent counterweight that a neutral selector would. It becomes largely ornamental,” he was quoted as saying by Live Law.

Also read: Who is Gyanesh Kumar, the One-Man Election Commission Acting in Violation of Article 324?

During the hearing, Justice Datta said that........

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