Dr Jaya Thakur v Union of India & Ors, with connected petitions

Pending · referred to the Chief JusticePending. On 23 Sep 2026 a split opinion sent the papers to the Chief Justice to consider a Constitution Bench.

18 recorded steps, 2 Jan 2024 to 23 Sep 2026 — referred to the Chief Justice.

Every recorded step

Jaya Thakur petition challenges Sections 7 and 8 of the 2023 Act2 Jan 2024 · Filing Supreme Court issues notice on challenge but refuses to stay the Act12 Jan 2024 · Order Petitioners seek urgent stay after vacancies; court lists it for 15 March13 Mar 2024 · Filing Court refuses stay citing Lok Sabha election, but criticises selection procedure21 Mar 2024 · Order Centre tells court meeting was moved to 14 March before stay pleas were listed21 Mar 2024 · Filing CJI Sanjiv Khanna recuses from challenge to the Act3 Dec 2024 · Recusal Court lists challenge for 4 February; Justice Kant calls it court vs legislature8 Jan 2025 · Hearing Court shifts hearing to 19 February, day after CEC retires12 Feb 2025 · Listing Court adjourns challenge after the new appointments; next date 19 March19 Feb 2025 · Listing Challenge repeatedly listed and deferred through 202519 Mar 2025 · Listing Supreme Court issues notice on Lok Prahari challenge to Section 16 immunityJan 2026 · Order CJI Surya Kant recuses; case to go to bench with no future CJI20 Mar 2026 · Recusal Centre tells court judicial member on panel is a policy choice, not a necessityMay 2026 · Filing Datta-Sharma bench begins hearing challenge; refuses Centre's adjournment6 May 2026 · Hearing Bench wishes judges were appointed as speedily as ECs7 May 2026 · Hearing Court reserves order on Centre's plea for Constitution Bench reference30 Jul 2026 · Order Justice Datta: PM's nominee can't be expected to defy him; panel fails perception test23 Sep 2026 · Judgment Split opinion; challenge to 2023 Act sent to CJI for a Constitution Bench23 Sep 2026 · Order

2023
2 Mar 2023RelatedDOCUMENTNOT YET CHECKED
Supreme Court: PM, LoP and CJI to select CEC and ECs until Parliament legislates
A unanimous five-judge bench held that, until Parliament makes a law under Article 324(2), the President shall appoint the CEC and ECs on the advice of a committee of the Prime Minister, the Leader of Opposition in the Lok Sabha (or leader of the largest opposition party) and the Chief Justice of India. Justice Rastogi's concurring opinion added that ECs should have the same removal protection as the CEC. The Court appealed to Parliament to give the Commission an independent secretariat funded from the Consolidated Fund.
The 2023 judgment the Act followed
2024
2 Jan 2024FilingDOCUMENTNOT YET CHECKED
Jaya Thakur petition challenges Sections 7 and 8 of the 2023 Act

COURT: Supreme Court of India
CASE NUMBER: W.P.(C) 14/2024 (Jaya Thakur, lead); connected W.P.(C) 13/2024 (Gopal Singh), 11/2024 (Naman Sherstra), 87/2024 (ADR), 191/2024 (PUCL), 272/2024 (Lok Prahari)
BENCH: Varied by hearing; most recently Justice Dipankar Datta and Justice Satish Chandra Sharma (split opinion, September 2026)
PETITIONERS: Dr Jaya Thakur, Gopal Singh, Naman Sherstra, Association for Democratic Reforms, People's Union for Civil Liberties, Lok Prahari
RESPONDENTS: Union of India & Ors
FILED OR FIRST RECORDED: 2 Jan 2024

In brief

A group of connected petitions led by Dr Jaya Thakur challenge Sections 6, 7 and 8 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, arguing it dilutes the Supreme Court's Anoop Baranwal judgment by giving the executive a majority on the selection committee. The case has moved through repeated listings, adjournments and a recusal since January 2024 without a final hearing on merits. On 23 September 2026 a split opinion sent the question of whether it needs a larger bench to the Chief Justice, who is being asked to consider constituting a Constitution Bench.

SOURCES

TIER 1 · PRIMARYDr. Jaya Thakur v. Union of India, W.P. (C) No. 14 of 2024 and connected matters, order on stay applications, 2024 INSC 246Supreme Court of India (PDF hosted by Supreme Court Observer)2024-03-22

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