Why it is in the news
On 23 September 2026, a two-judge Bench of the Supreme Court — Justice Dipankar Datta and Justice Satish Chandra Sharma — delivered a split verdict on the Union government's plea to refer the challenge to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 to a larger bench. Despite disagreeing, the judges passed a joint order placing the matter before Chief Justice of India Surya Kant to consider constituting a Constitution Bench directly, holding that an intermediate three-judge bench would be “of little worth” and would only delay the decision.
The exam angle
Issue: Can Parliament, in exercise of its power under Article 324(2), design a selection process for the Election Commission in which the executive holds a permanent majority, or does the independence of the poll body — recognised as part of the Basic Structure — require a neutral selector?