Supreme Court Justice Dipankar Datta questioned the neutrality of the process for appointing the Chief Election Commissioner and other Election Commissioners during hearings challenging the 2023 law governing their selection. Using a cricket analogy, he noted that if the batting team chooses the umpire, doubts about the umpire’s impartiality would inevitably arise—even if correct decisions follow.
The 2023 law establishes a selection committee comprising the Prime Minister, a Union minister nominated by the Prime Minister, and the Leader of the Opposition in the Lok Sabha. Justice Datta highlighted that this arrangement gives the government a 2–1 majority, as the nominated minister is unlikely to oppose the Prime Minister. He contrasted this with the previous system, where the Chief Justice of India was part of the panel, suggesting the Leader of the Opposition's role could become "ornamental".
Justice Datta and Justice Satish Chandra Sharma differed over whether the challenges to the appointment law should be referred to a larger Constitution Bench. The final decision on this rests with the Chief Justice.
Justice Datta’s cricket analogy is notable because he is an active cricketer. At 61, he plays as an opening batter for the Chief Justice of India XI and has represented judges in matches against senior advocates. In a 2023 T20 match at Mumbai's Wankhede Stadium, he scored 44 runs off 27 balls, including seven boundaries. In a recent game in Guwahati, he was nearing a half-century when his powerful straight drive injured the bowler attempting to stop the shot.
His association with cricket began in college. He played in tournaments while pursuing his legal career, represented the Calcutta High Court Club, and continued playing after joining the Bench. His sporting background informs his courtroom remarks, offering a familiar framework to explain neutrality and institutional fairness.
During the hearing, Justice Datta also dismissed a government lawyer's claim that judges appoint judges under the collegium system, calling it a "myth." His courtroom observations have attracted attention on other occasions, including in a hearing involving Trinamool Congress MP Mahua Moitra.
The Election Commission appointment case thus combined Justice Datta's judicial scrutiny of the 2023 selection mechanism with his deep connection to cricket. His "batting team choosing the umpire" analogy underscored concerns that the composition of the appointment panel may raise questions about the independence and neutrality of those selected.
