Justice J. Datta issues a split verdict in a case concerning the inclusion of a minister in the panel for selecting the Chief Election Commissioner (CEC) and Election Commissioners (ECs). He says the minister “fails to provide an independent countenance” and that including the minister does not meet the expectation of independence for the selection panel.
Datta’s reasoning ties the minister’s position to the structure of government decision-making. He holds that the minister “cannot be expected to defy the Prime Minister,” and he characterizes the Prime Minister and his Cabinet minister as sharing “collective responsibility.” The outlets report that this view leads him to find, at least on a prima facie basis, that the minister does not satisfy a “perception test” for impartiality.
Both reports emphasize the same core remarks attributed to Justice Datta. They describe no details beyond the judge’s assessment and the “split verdict,” indicating that the panel’s composition and the legal standard for perceived independence are central points of dispute in the case.
