# SC judge says judiciary plays second fiddle to government in appointments 2026-09-23T17:36:51+00:00 | Governance | Indian Opinion Desk Corroboration: 3 independent outlets Supreme Court Justice Dipankar Datta on Wednesday rejected the government's argument that the collegium system amounts to 'judges appointing judges,' calling it a 'myth.' He said the judiciary in fact plays 'second fiddle' to the executive in judicial appointments. The judge made the remarks while hearing a challenge to a 2023 law that removed the Chief Justice of India from the panel that selects the Chief Election Commissioner and Election Commissioners. Justice Datta pointed to the government's selective implementation of collegium recommendations, saying the sanctity of a collegium resolution is lost when the executive approves most names but withholds at least one. He argued that the collegium avoids a head-on conflict with the executive to prevent a constitutional crisis. The bench delivered a split verdict: Justice Datta opposed referring the challenge to a constitution bench, while Justice Satish Chandra Sharma favoured it. The matter now goes to the Chief Justice of India. ## Indian Opinion Analysis Times of India and Times Now both report Justice Datta's full reasoning neutrally, quoting his 'second fiddle' and 'myth' remarks. NDTV's headline uses a cricket umpire metaphor that frames the judge's words as a dramatic swipe, adding drama not present in the core legal argument. The judge's core point is procedural: the executive already has significant control over judicial appointments, so the government's parallel to the ECI panel is flawed. The split verdict means the Chief Justice of India will now decide if a constitution bench hears the case. ## Coverage - timesofindia.indiatimes.com (neutral report) Leads with judge's quote, reports his full reasoning without commentary - timesnownews.com (neutral report) Presents judge's criticism of Centre, quotes directly with minimal slant - ndtv.com (sensationalist) Uses cricket metaphor and 'straight bat' in headline, frames as swipe Tags: Chief Election Commissioner, collegium system, Dipankar Datta, Election Commission of India, Supreme Court Canonical: https://indianopinion.org/sc-judge-says-judiciary-plays-second-fiddle-to-government-in-appointments/ License: Summary and commentary (c) Indian Opinion, reusable with attribution. Facts belong to the linked sources. Cite: https://indianopinion.org/sc-judge-says-judiciary-plays-second-fiddle-to-government-in-appointments/#story-in-brief