Minister in CEC-EC selection panel fails ‘perception test’, says Justice Datta in split verdict
Supreme Court Justice Dipankar Datta expressed concerns that replacing the Chief Justice of India with a Union Cabinet Minister in the Election Commissioner selection panel creates an effective government veto. The court is now considering referring the legality of the 2023 Appointment Act to a larger Constitution Bench.
Why it matters
This case addresses the independence of India's election oversight body, which is a cornerstone of democratic integrity.
Supreme Court Justice Dipankar Datta on Wednesday (September 23, 2026) agreed that the replacement of the Chief Justice of India with a Union Cabinet Minister in the Prime Minister-led selection panel for Chief Election Commissioner (CEC) and Election Commissioners (ECs) prima facie amounts to an “effective veto” in favour of the Union government and fails the “perception test”, sending wrong signals to the public.
Justice Datta reminded that it is well-settled in law that independence in the appointment and functioning of the Election Commissioners was integral to free and fair elections and an essential part of the Basic Structure of the Constitution.
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