SC JUDGE FLAGS EXECUTIVE VETO IN ELECTION COMMISSION APPOINTMENTS

September 24, 2026

NEW DELHI: Supreme Court Justice Dipankar Datta has raised concerns that the executive could exercise an effective veto in the appointment of the Chief Election Commissioner and Election Commissioners under the 2023 law.

Justice Datta observed that the selection panel—comprising the Prime Minister, the Leader of the Opposition and a Union minister nominated by the Prime Minister—could produce a two-to-one majority in favour of the executive. He said this arrangement could affect both the Election Commission’s independence and public confidence in its neutrality.

Using a cricket analogy, the judge remarked that an umpire selected by the captain of the winning team could face suspicion even when making correct decisions. He stressed that the Election Commission must not only function independently but must also be perceived as independent.

The observations came during a split verdict on whether petitions challenging the 2023 appointment law should be referred to a larger Constitution Bench. Justice Datta declined the reference, while Justice Satish Chandra Sharma supported it. The matter will be placed before Chief Justice of India Surya Kant for further administrative consideration.