Justice Datta Questions Minister's Role in CEC-EC Selection Panel in Split Verdict
Justice Datta, in a split verdict, held that a Minister's inclusion in the CEC-EC selection panel fails the perception test, citing collective responsibility.
A split verdict on the composition of the selection panel for the Chief Election Commissioner and Election Commissioners has brought the question of a Minister's participation into sharp focus. Justice Datta, in his opinion, held that the presence of a Minister on the panel fails what he described as the perception test.
At the core of his reasoning is the relationship between the Prime Minister and his Cabinet colleagues. Justice Datta observed that a Minister cannot be expected to defy the Prime Minister, pointing to the collective responsibility that binds the Council of Ministers.
Because of that shared responsibility, the inclusion of a Minister on the selection panel, in his view, fails to provide an independent countenance. The observation forms part of a verdict that was not unanimous, with the judges differing on the issue.
The split outcome leaves the question of how the selection panel should be constituted open to further scrutiny, even as the differing opinions underscore the debate over the independence of the process for appointing the country's top election officials.