Supreme Court Justice Datta Rejects Judges Appoint Judges Myth

Supreme Court Justice Dipankar Datta rejected the notion that "judges appoint judges" as a myth, asserting that the judiciary actually plays "second fiddle" to the executive in judicial appointments. During a hearing on petitions challenging the Chief Election Commissioner and Other Election Commissioners Act 2023, Justice Datta criticized the central government for selectively implementing Collegium resolutions by approving most candidates while withholding others.

Justice Datta defended the Collegium system as a detailed consultative process involving intelligence agency vetting and final approval by the President of India. His remarks came as he rejected the government's attempt to justify removing the Chief Justice of India from the Election Commission selection panel by drawing parallels to the judicial appointment process.

The proceedings resulted in a split verdict regarding the case's progression. While Justice Datta provided a prima facie opinion against referring the matter to a larger bench, Justice Satish Chandra Sharma disagreed, leaving the court divided on whether a larger bench's decision is required.