Tushar Mehta

Court reserves order on Centre's plea for Constitution Bench reference

After the Attorney General and Solicitor General urged a reference to at least five judges, the bench reserved its decision on 30 July 2026. Justice Datta asked why Parliament kept the CJI on selection panels for the CBI Director and Lokpal but not for the Election Commission. The SG said people must trust the Prime Minister; the AG said Parliament cannot be 'gagged'.

The judgment records that the reference plea was not in the Union's counter-affidavit and was raised during the AG's arguments; petitioners called it a delaying tactic.

• TIER 2 · RESEARCH/FILINGECI Appointments Act, 2023 | Day 5: Supreme Court reserves decision on reference to larger benchSupreme Court Observer2026-07-30
• TIER 3 · PRESSWhy's CJI not on panel to pick CEC, Supreme Court asks governmentThe Times of India2026-07-31
• TIER 1 · PRIMARYDr. Jaya Thakur v. Union of India, W.P. (C) No. 14 of 2024 and connected matters, 2026 INSC 1040: opinions of Datta J and Sharma J and common orderSupreme Court of India (PDF hosted by Supreme Court Observer)2026-09-23