# SC split verdict on poll panel appointment law, CJI to decide

2026-09-23T11:51:44+00:00 | Governance | Indian Opinion Desk

Corroboration: 3 independent outlets

The Supreme Court on Wednesday delivered a split verdict on whether petitions challenging the 2023 law on appointing Election Commissioners should be referred to a Constitution Bench. Justice Dipankar Datta rejected the reference, holding that the Supreme Court's 2023 judgment in Anoop Baranwal v. Union of India had already settled the principle that the Election Commission must be insulated from exclusive executive control. Justice Satish Chandra Sharma disagreed, saying the question of excluding a neutral selector from the panel raised a substantial constitutional issue not settled by any earlier judgment. The two-judge bench directed that the papers be placed before Chief Justice Surya Kant to consider constituting a Constitution Bench. In his separate opinion, Justice Datta said the Leader of Opposition's role in the selection panel, which includes the Prime Minister and a Union Cabinet Minister nominated by him, is "ornamental" because the minister cannot defy the Prime Minister due to the doctrine of collective responsibility. He also rejected the government's argument that the Collegium system gives judges control over judicial appointments, calling the phrase "judges appoint judges" a myth and criticising the government for selectively clearing Collegium proposals. The bench also urged the CJI to consider appointing a permanent five-judge bench to decide constitutional cases, noting that references to larger benches remain pending for years.

## Indian Opinion Analysis

Barandbench.com and NDTV emphasised Justice Datta's critique of executive dominance in appointments, including his remark that the Collegium system is a myth selectively used by the government. Assam Tribune gave equal weight to both judges' positions, neutrally reporting the split. All sources agree the matter now awaits the CJI's decision on a Constitution Bench, a process that itself risks delay. The core legal question whether a parliamentary law can override the basic structure principle of an independent election watchdog will only be settled if a larger bench hears it, and the timeline for that remains uncertain.

## Coverage

- barandbench.com (neutral report) <https://www.barandbench.com/news/lop-reduced-to-ornamental-role-in-selection-of-election-commissioners-justice-dipankar-datta-in-split-verdict>
  Straight report on split verdict and request for permanent Constitution bench
- barandbench.com (neutral report) <https://www.barandbench.com/news/judges-appointing-judges-is-a-myth-justice-dipankar-datta-pulls-up-government-for-selectively-clearing-collegium-proposals>
  Straight report on split verdict and request for permanent Constitution bench
- barandbench.com (neutral report) <https://www.barandbench.com/news/delay-in-deciding-constitutional-cases-supreme-court-urges-cji-to-constitute-permanent-5-judge-constitution-bench>
  Straight report on split verdict and request for permanent Constitution bench
- assamtribune.com (neutral report) <https://assamtribune.com/national/sc-split-over-cec-ec-appointment-law-cji-to-consider-constitution-bench-1618280>
  Even-handed summary of both judges' reasoning, no editorial slant
- ndtv.com (neutral report) <https://www.ndtv.com/india-news/it-a-myth-that-judges-appoint-judges-top-court-judge-dipankar-datta-on-collegium-mention-in-election-commission-appointment-row-12087440#publisher=newsstand>
  Brief report highlighting Solicitor General's mention of Collegium system

Tags: Anoop Baranwal case, CJI Surya Kant, Election Commission of India, Justice Dipankar Datta, Supreme Court
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