Supreme Court Split Verdict on 2023 Election Commissioners Appointment Law Faces Curative Challenge Over Judge's Family Ties

Supreme Court Split Verdict on Election Commissioners Appointment Law Faces Curative Challenge The Supreme Court delivered a split verdict on 23 September 2026 regarding the constitutional validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 . A petitioner has now moved a curative petition, arguing that Justice Satish Chandra Sharma failed to disclose his son’s role as standing counsel for the ECI . The case raises questions of judicial bias, disclosure, and the proper procedure for referring matters to a Constitution Bench . Key Developments Petitioner Naman Sherstra filed an application before Justice Dipankar Datta on 1 October 2026 , seeking recall of Justice Sharma’s opinion. The application questions why Justice Sharma did not disclose that his son, Siddharth Sharma , was appointed standing counsel for the ECI before the Madhya Pradesh High Court on 10 July 2024 . Justice Datta directed the petitioner to present the plea before the CJI . The CJI will not sit on 2 October 2026 ; the next hearing is scheduled for 5 October 2026 . Another curative petition filed by Jaya Thakur on 29 September 2026 alleges “reasonable apprehension of bias and propriety”. Important Facts The 2023 law replaced the CJI with a Union Minister nominated by the Prime Minister, giving the executive a veto over appointments. Justice Datta’s opinion called this change “prima facie wrong” because it ignored the earlier Anoop Baranwal precedent. Justice Sharma, however, favored referring the matter to a Constitution Bench. Both judges issued a common order directing the CJI to allocate the case to such a bench. The petitioners argue that Justice Sharma’s failure to disclose his son’s engagement with the ECI deprived them of the chance to request his recusal, potentially affecting the fairness of the judgment. UPSC Relevance This episode touches upon several core UPSC topics: the constitutional role and independence of the ECI ; the separation of powers and judicial propriety; the procedure for constituting a Constitution Bench ; and the use of a curative petition . Understanding these concepts helps answer questions on electoral reforms, judicial ethics, and constitutional law. Way Forward If the Supreme Court accepts the curative petition, it may order a fresh hearing or even a re‑allocation to a Constitution Bench, potentially altering the legal landscape for election commissioner appointments. The case also underscores the need for stricter disclosure norms for judges to safeguard the perception of impartiality.