Supreme Court Justice Dipankar Datta on Wednesday rejected the oft-repeated description that “judges appoint judges”, saying judicial appointments under the Collegium system involve a broader consultative process between the judiciary and the government.
Justice Datta made the observations while hearing petitions challenging the 2023 law governing the appointment of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs). The law replaced the Chief Justice of India (CJI) with a Union Cabinet Minister nominated by the Prime Minister on the three-member selection panel.
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During the proceedings, Solicitor General Tushar Mehta referred to the Collegium system while defending the government’s role in the appointment of Election Commissioners. The government argued that judges themselves have a predominant role in selecting future judges under the existing judicial appointment mechanism.
Justice Datta took exception to the comparison, stating that the assertion that judges alone appoint judges was a “myth”. He pointed out that judicial appointments involve a consultative process in which the executive also has a role before appointments are formally made.
Justice Datta also questioned the Centre’s approach to Collegium recommendations, particularly what he described as the selective clearance of names recommended by the Collegium. He observed that the executive’s role in processing and approving recommendations needs to be taken into account when discussing the functioning of the judicial appointments system.
The observations came amid the larger legal challenge to the 2023 Election Commissioners’ appointment law. Under the present system, the selection committee consists of the Prime Minister, a Union Cabinet Minister nominated by the Prime Minister and the Leader of the Opposition in the Lok Sabha. Petitioners have raised concerns over the composition of the panel and the extent of executive influence in the selection process.
The Supreme Court bench comprising Justices Dipankar Datta and Satish Chandra Sharma delivered a split decision on whether the challenge to the law should be considered by a larger Constitution Bench. The matter has consequently been placed before the Chief Justice of India for consideration of an appropriate larger bench.
(This story is published from a syndicated feed)
