Courts play second fiddle to govt in appointing judges: Justice Datta
New Delhi Justice Dipankar Datta in his opinion on referring the law on the appointment of CEC and ECs to a five-judge bench questioned the selective implementation of Supreme Court collegium recommendations, suggesting that the phrase “judges appoint judges” is a myth because the judiciary “plays second fiddle” to the executive in such matters
Justice Dipankar Datta has criticized the government's role in appointing Chief Election Commissioners (CECs) and Election Commissioners (ECs), arguing that the judiciary plays a secondary role compared to the executive in these matters. The CEC and EC (Appointment, Conditions of Service, and Term of Office) Act of 2023 establishes a selection panel, led by the Prime Minister and including the Leader of the Opposition in the Lok Sabha and a Union Minister, to oversee the appointment of CECs and ECs.
Datta questioned the selective implementation of Supreme Court collegium recommendations, stating that the "judges appoint judges" narrative is a misconception because the judiciary "plays second fiddle" to the executive in such matters. He pointed out that the executive exerts decisive control over the appointment of judges at every level, making the defenders' attempt to draw parallels with the collegium system unconvincing and evasive.
The justice also highlighted the lack of progress in appointing meritorious candidates recommended by the collegium without providing reasons. He expressed frustration over the judiciary's relegation to a secondary role in the appointment process and questioned the persistence of the belief that an outsider should be inducted at the selection stage.
Datta acknowledged that the collegium has occasionally faltered and its functioning has not been entirely free from aberrations. However, he hoped that the Chief Justice-led collegium would make "judicious and apposite choices" moving forward, minimizing criticism of the system's functioning.
In his opinion, the myth that the collegium appoints judges is fueled by "vested interests through motivated narratives," and he sought to clarify that the final authority rests with the executive. He emphasized that the collegium's role is merely recommendatory, and attributing every "infelicitous" choice to the collegium overlooks the fact that aberrations are exceptional rather than the norm.
Written by urgent.news from Hindustan Times's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
