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Dr. Jaya Thakur v. Union of India

Writ Petition (Civil) (Split Decision) · 2026 INSC 1040Decided 23 Sept 2026
W.P.(C) No. 14 of 2024
Justice Dipankar Datta · Justice Satish Chandra Sharma

Background

This is a split decision on a preliminary question, not a final judgment. The petitions challenge Sections 6, 7 and 8(2) of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which set out how the Chief Election Commissioner and Election Commissioners are appointed.

Decision Breakdown

This is a split decision, not a final judgment. The two judges disagreed on whether the case must first go to a Constitution Bench under Article 145(3) of the Constitution. Justice Datta would have heard the petitions, while Justice Sharma held that a reference was needed. Because of the disagreement, the papers were placed before the Chief Justice of India to set up a larger bench. The Court did not rule on whether the 2023 Act is valid.

Lesson Learnt

There is no ruling on the merits yet. The challenge to how Election Commissioners are appointed is still pending and will be heard by a larger bench.

Official source (sci.gov.in)View Judgment (PDF)

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