Does the 2023 law on appointing the Chief Election Commissioner and Election Commissioners need to reflect the principles the Supreme Court laid down in its constitution bench judgment that was to apply only until a law was made? This was the question posed by a two-judge bench of the SC Wednesday while hearing a challenge against the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

“The Supreme Court cannot direct the making of a law. Aren’t these observations over 300 pages a justification for what the court laid down for a short period till the law is made?…