SC judge says judiciary plays second fiddle to government in appointments

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.