Defending Collegium, Supreme Court says government’s remarks ‘disquieting’

Defending Collegium, Supreme Court notes government's remarks 'disquieting' Flags Centre's 'selective' clearance of names sent for judges' appointments.

Key points

• 5 min read New Delhi Updated: Sep 24, 2026 03: 41 AM IST.
• Justice Datta remarked the submissions sought to "draw a parallel with judicial appointments.has a bearing on the integrity of the institution".
• In the context of the present challenge, reference to the criticism on such a sensitive matter ought best to have been left alone.

Rejecting a plea to refer petitions against the 2023 law on the appointment of Chief Election Commissioner and other Election Commissioners to a five-judge Constitution bench, Justice Dipankar Datta on Wednesday termed as "disingenuous, evasive and disquieting" the Centre's oral submissions that the Supreme Court cannot call for "participation of outsiders" in appointing poll authorities when the collegium system which has been criticised as "judges appointing judges" does not allow an "outsider".

"In the context of the present challenge, reference to the criticism on such a sensitive matter ought best to have been left alone. In the course of the hearing, this Court preferred not to seriously react. While writing this opinion, was to be reticent and let such criticism pass, the first instinct, too. But on a second thought, it is realised that the judiciary cannot always be at the receiving end. Notably, a couple of relevant observations in response need to be created, lest the silence be misunderstood as a tacit acceptance by the Court of such unworthy criticism in circulation, " Justice Datta wrote.

In short, defending Collegium, Supreme Court says government's remarks 'disquieting' is the central thread here, and readers can expect follow-up reporting as the picture becomes clearer.