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Supreme Court Judge Questions Independence of 2023 Poll Body Appointment Law

Justice Dipankar Datta has expressed doubt over whether the 2023 law on Election Commission appointments is free from government influence, citing the selection committee's composition.

A Supreme Court judge has raised concerns about whether the 2023 law governing appointments to the Election Commission of India is insulated from government influence. Justice Dipankar Datta observed that the composition of the selection committee tasked with making these appointments leaves room for doubt.

The committee comprises three members: the Prime Minister, a Union minister nominated by the Prime Minister, and the Leader of Opposition. Justice Datta likened the arrangement to a batting side being allowed to choose the umpire, suggesting that the structure may not ensure impartiality.

The remarks came during a hearing on the validity of the 2023 statute, which sets out the procedure for appointing members of the poll body. The law has been under scrutiny over whether it provides adequate safeguards against executive interference.

Justice Datta's comments underscore the broader debate over the independence of the institution that conducts elections in the country. The court's examination of the law is ongoing.