A Court Divided By Its Own Architecture, Pg6

Key Highlights:

• A two-judge Supreme Court bench, comprising Justices Dipankar Datta and Satish Chandra Sharma, delivered a split verdict on the validity of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
• The judges differed on whether a two-judge bench was competent to decide the matter, not on the merits of the challenge to the Act.
• The 2023 Act replaced an interim arrangement established by the Anoop Baranwal vs Union of India (2023) judgment, which included the Chief Justice of India in the selection committee.
• The Union government argued that the case involved a substantial question of law under Article 145(3), necessitating a Constitution Bench of at least five judges.
• Due to their disagreement, the judges jointly referred the matter to the Chief Justice of India to consider constituting a Constitution Bench.

Detailed Insights:

• The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 provides for a selection committee comprising the Prime Minister, Leader of the Opposition, and a Union Cabinet Minister.
• The Anoop Baranwal judgment had mandated a selection committee consisting of the Prime Minister, Leader of Opposition, and the Chief Justice of India, as a stopgap measure until Parliament enacted a law.
• Justice Datta rejected the Union's plea for a Constitution Bench, asserting that Article 145(3) applies when there are genuinely differing interpretations of a constitutional provision, not merely because a new statute is challenged.
• Justice Sharma, however, accepted the plea, arguing that the absence of an authoritative decision on the 2023 Act's constitutional validity warranted a Constitution Bench.
• The article highlights a systemic issue within the Supreme Court's architecture, where a large number of judges often sit in two-judge panels, leading to inconsistencies and delays.
• Significant judicial delays, such as the Anoop Baranwal case taking eight years to be decided, create "institutional embarrassment" and can render decisions moot by the time they are delivered.
• The Law Commission's 229th report (2009) had previously proposed a permanent Constitution Bench in Delhi, with regional benches handling ordinary appeals, to address these issues.
• The power of the Master of the Roster to constitute benches is crucial and requires transparent, pre-settled rules for composing a permanent bench to ensure confidence and prevent outcome shaping.
• The Supreme Court's evolution from a constitutional court to predominantly an appellate court represents an inversion that demands urgent correction to ensure timely resolution of critical constitutional questions.

Key Concepts Involved:

• Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023: A law enacted in December 2023 governing the appointment and service conditions of the Chief Election Commissioner and other Election Commissioners.
• Anoop Baranwal vs Union of India (2023): A landmark Supreme Court judgment that established an interim selection committee for Election Commissioners, including the Chief Justice of India.
• Article 145(3) of the Constitution: Specifies that cases involving a substantial question of law as to the interpretation of the Constitution must be heard by a Bench of at least five judges.
• Article 324 of the Constitution: Deals with the superintendence, direction, and control of elections vested in the Election Commission of India.
• Article 141 of the Constitution: States that the law declared by the Supreme Court shall be binding on all courts within the territory of India.
• Stare Decisis: A legal principle that obligates courts to follow historical cases when making a ruling on a similar case, ensuring consistency and predictability.
• Master of the Roster: Refers to the Chief Justice of India's administrative power to constitute benches and allocate cases to different judges.