Minister on CEC selection panel fails independence test, says Justice Datta in split ruling

The inclusion of a Cabinet Minister on the panel that selects the Chief Election Commissioner and Election Commissioners fails the perception test of independence, Justice Datta has said in a split verdict on the matter.

Justice Datta observed that a Minister "cannot be expected to defy the Prime Minister", pointing to the doctrine of collective responsibility that binds the Cabinet. Because the Prime Minister and his Minister share that collective responsibility, the presence of a Minister on the selection panel, in the judge's view, fails to provide an independent countenance to the process.

The dissenting opinion raises fundamental questions about the structural safeguards surrounding the appointment of the country's top electoral authorities.