SC JUDGE QUESTIONS ROLE OF OPPOSITION LEADER IN CEC SELECTION PANEL

September 24, 2026

NEW DELHI: Supreme Court Justice Dipankar Datta has questioned the effectiveness of the Leader of the Opposition’s role in the committee responsible for selecting the Chief Election Commissioner and Election Commissioners under the 2023 law.

The selection committee consists of the Prime Minister, the Leader of the Opposition and a Union Cabinet minister nominated by the Prime Minister. Justice Datta observed that the minister nominated by the Prime Minister would generally be unlikely to oppose the Prime Minister, potentially leaving the executive with two members on the three-member panel.

Justice Datta said the arrangement could make the Leader of the Opposition’s presence “largely ornamental” and argued that the Election Commission must not only function independently but also be perceived as independent. He also said the inclusion of a Cabinet minister did not provide the independent counterweight that a neutral member could offer.

The observations came during proceedings on challenges to the constitutional validity of the 2023 law. Justice Datta and Justice Satish Chandra Sharma differed on whether the petitions required consideration by a Constitution Bench. Following the split, the matter was placed before Chief Justice of India Surya Kant for consideration of an appropriate larger bench.