Dr Jaya Thakur and Ors v. Union of India and Anr
2026 INSC 104023 September 202615 min read
Supreme Court Divided on Reference to Constitution Bench in Challenge to Election Commissioner Appointment Act, 2023
The Supreme Court split on whether the challenge to the Chief Election Commissioner and other Election Commissioners (Appointment) Act, 2023 warrants a Constitution Bench reference, with the majority declining and the minority favouring it.
Case Snapshot
- Case Name
- Dr. Jaya Thakur and Ors. v. Union of India and Anr. (with connected writ petitions)
- Citation
- 2026 INSC 1040
- Bench
- Justice Dipankar Datta and Justice Satish Chandra Sharma
- Date of Judgment
- September 23, 2026
- Area of Law
- Constitutional Law — Article 324 — Appointment of Chief Election Commissioner and Election Commissioners — Article 145(3) — Reference to Constitution Bench
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