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Supreme Court raises concerns over Chief Election Commissioner appointment process

A Supreme Court judge has raised questions about the integrity of the Chief Election Commissioner appointment process, citing concerns about impartiality even when decisions may be technically correct.

LSN India · 23 September 2026

Supreme Court raises concerns over Chief Election Commissioner appointment process

Justice Deepankar Datta of the Supreme Court has made significant observations regarding the appointment of the Chief Election Commissioner, expressing concerns about the credibility of the selection process.

Using a cricket analogy, Justice Datta highlighted the perception problem inherent in the current appointment mechanism. He noted that if a cricket captain selects the match umpire and the captain's team wins, doubts about the umpire's impartiality persist regardless of whether the umpire's individual decisions were correct.

The judge's remarks underscore a broader concern about the appearance of bias in institutional appointments. Even when decisions or actions are substantively sound, the process by which officials are selected can undermine public confidence if it lacks transparency and independence.

Justice Datta's observations come amid ongoing discussions about reforming the Chief Election Commissioner appointment mechanism to ensure it reflects constitutional principles of neutrality and impartiality. The remarks highlight the judiciary's attention to procedural fairness alongside substantive outcomes in matters of institutional governance.