Explainers
The Supreme Court has agreed to consider a plea seeking recall of its September 23 split verdict on the challenge to the 2023 law governing the appointment of the Chief Election Commissioner and Election Commissioners.
A bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, was told about the recall application by senior advocate Gopal Sankaranarayanan.
The September 23 split verdict by Justices Dipankar Datta and Satish Chandra Sharma concerned a key preliminary question: whether challenges to the 2023 law should be heard by a larger Constitution Bench.
The 2023 law replaced the selection panel envisaged in the Supreme Court's Anoop Baranwal judgment. The current panel comprises the Prime Minister, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister, instead of including the Chief Justice of India.
While Justice Datta held that the existing bench could examine the challenge, Justice Sharma favoured reference to a Constitution Bench of at least five judges.
The Supreme Court has now agreed to examine the recall plea, but has not yet decided whether the September 23 verdict will be recalled or modified.
