Story perspectives

Justice Datta Warns Executive Undermines Collegium Appointments

By Drooid · Sep 24, 2026, 4:51 PM UTC · How we work

Summary

Story summary

Justice Dipankar Datta warned that the executive controls judicial appointments, reducing the judiciary to a secondary role.
Datta criticized the executive for selectively implementing Collegium recommendations and withholding at least one name.
Datta said selective approval undermines Collegium resolutions but remains the most viable option for judicial independence under Article 50.
Chief Justice Surya Kant was tasked with forming a Constitution Bench to hear the 2023 Election Commissioner appointment challenge.

History

Historical Context

In 1993 the Supreme Court of India, in the Second Judges’ Case led by Chief Justice M.N. Venkatachaliah, instituted the collegium system for appointing judges. A 4-1 majority in 2015 struck down Parliament’s National Judicial Appointments Commission law, preserving the collegium while allowing the executive only to reject names. Justice Dipankar Datta’s 2024 warning that the government influencing collegium recommendations reignites clash over judicial independence.

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Story summary

Justice Dipankar Datta warned that the executive controls judicial appointments, reducing the judiciary to a secondary role.
Datta criticized the executive for selectively implementing Collegium recommendations and withholding at least one name.
Datta said selective approval undermines Collegium resolutions but remains the most viable option for judicial independence under Article 50.
Chief Justice Surya Kant was tasked with forming a Constitution Bench to hear the 2023 Election Commissioner appointment challenge.

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