Stories
Justice Datta Debunks ‘Judges Appoint Judges’ as Myth, Cites Executive Control
- •Supreme Court Justice Dipankar Datta defended the Collegium system, calling the ‘judges appoint judges’ claim a myth propagated by ‘vested interests’.
- •Justice Datta argued that the executive exercises substantial control over judicial appointments, with constitutional processes involving state and central executive, intelligence agencies, and presidential approval.
- •He stated that the judiciary is ‘relegated to playing second fiddle’ due to the executive’s power to withhold or delay Collegium recommendations, undermining the Collegium's authority.
- •Justice Datta criticized the executive's ‘selective implementation’ of Collegium recommendations, where approving some names while withholding others diminishes the sanctity of resolutions.
- •Despite its imperfections, Justice Datta maintained that the Collegium remains the ‘most viable option’ for safeguarding judicial independence, acknowledging its shortcomings but emphasizing its necessity.
Key Questions Answered
Supreme Court Justice Dipankar Datta rejected the claim that judges appoint judges as a myth, arguing that the executive exercises substantial control over judicial appointments through intelligence agencies, state and central government involvement, and the President's final approval. He noted that the executive can withhold or delay recommendations, leaving the judiciary playing second fiddle.
Justice Datta criticized the executive for selectively implementing Collegium resolutions by approving a majority of names while withholding others, which he stated undermines the sanctity and authority of the recommendations.
Justice Datta's observations were made in his separate opinion while dealing with petitions challenging the 2023 law that removed the Chief Justice of India from the selection panel for Election Commissioners.
