On Wednesday, Justice Dipankar Datta, sitting on the Supreme Court bench, rebuked the Centre’s claim that the collegium system is merely "judges appointing judges" during the hearing on the 2023 Election Commission appointment law.
The 2023 statute removed the Chief Justice of India from the three‑member panel that selects the Chief Election Commissioner and replaced him with a Union Cabinet Minister nominated by the Prime Minister, leaving the panel composed of the PM, the nominated minister and the Leader of Opposition in the Lok Sabha.
Justice Datta argued that the collegium process involves extensive consultation with the executive, state governments, intelligence agencies and the President, thereby disputing the notion that judges act in isolation.
The bench split, with Justice Sharma siding with a referral to a Constitution Bench, while Datta opposed it, leaving the matter now before the Chief Justice of India for a decision on whether to convene a larger bench.
Petitioners argue the law gives the executive undue influence over the Election Commission, a claim that has drawn criticism from civil‑society groups who fear erosion of institutional independence.
The next hearing is scheduled for May 15, when the Chief Justice will determine if the challenge should be escalated to a five‑judge Constitution Bench.