What is the common examiner trap about Polity in UPSC exams?

Do not confuse 'selective approval' — approving most Collegium names but withholding at least one — with blanket rejection. Also, the judge did not say the Collegium is a law unto itself; he rejected that sweeping generalisation.

What should UPSC aspirants remember about Polity for Prelims?

1. Target this Data: Justice Dipankar Datta's opinion delivered on Wednesday (published September 23, 2026) rejecting a plea for a five-judge Constitution bench reference in the 2023 CEC/EC appointment law challenge. 2. Target this Institution: Supreme Court Collegium; Centre/executive selectively approving judicial appointments. 3. Target this Legal Point: 'Judges appointing judges' is a myth; every judicial appointment bears the President's imprimatur.

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News 16 of 25

Supreme Court Judge Defends Collegium, Terms 'Judges Appointing Judges' a Myth; Flags Centre's Selective Approvals

Q: According to the article, who recommends names under the Collegium system before the President gives final approval?

Supreme Court Collegium, The article refers to the Supreme Court Collegium recommending names and to every appointment bearing the 'imprimatur of the President.' The executive approves or withholds names, but the recommendation originates from the Collegium, not the Cabinet, Election Commission, or High Court collegia.

Q: Consider the following statements regarding Justice Dipankar Datta's opinion: 1. He rejected a plea to refer petitions challenging the 2023 law on appointment of Chief Election Commissioner and other Election Commissioners to a five-judge Constitution bench. 2. He accepted the argument that the Collegium acts as a law unto itself in appointing judges. 3. He observed that every judicial appointment bears the imprimatur of the President. Which of the statements given above is/are correct?

Both 1 and 3, Statement 1 is directly from the article: the plea was rejected in his opinion. Statement 2 is wrong because Justice Datta called the 'law unto itself' view a sweeping generalisation that overlooks the detailed consultative process. Statement 3 is correct because he said every appointment bears the President's imprimatur.

Q: What is the main institutional concern raised by Justice Datta about the Centre's selective handling of Collegium resolutions?

It destroys the sanctity of Collegium resolutions and may normalise selective implementation., The judge said the sanctity of a Collegium resolution is lost each time the executive implements it selectively, and he warned how long this can continue if selective implementation becomes accepted practice. This is a concern about erosion of judicial independence and avoidance of a constitutional crisis.

PolitySUPPORT

Target:UPSC GS-IIMPSCTeachingSSC GAPrelims HighMains HighStatic GK Link

23 Sept 2026

~2 min

Source: Indian Express

Key Data:September 23, 20262023 law on CEC/EC appointmentFive-judge Constitution benchPresident's imprimatur

Bodies:Supreme CourtSupreme Court CollegiumHigh CourtsPresident of IndiaElection Commission of IndiaGovernment of India

Practice MCQs from today's news ▸

~2 min · Quick mode

What This Article Covers

1.Justice Dipankar Datta, in an opinion rejecting a reference plea, defended the Collegium and called the phrase 'judges appointing judges' a myth propagated by vested interests.

2.He flagged the Centre's 'piecemeal' or selective implementation of Collegium resolutions, warning that it destroys the sanctity of resolutions and leaves the Collegium with a Hobson's Choice.

3.The opinion invokes Dr B R Ambedkar's vision of an independent and competent judiciary, making it important for polity mains and prelims on judicial appointments.

The Big Picture

Prelims · HighMains · High

Supreme Court judge Justice Dipankar Datta has defended the Collegium system while rejecting a plea to refer the challenge to the 2023 CEC/EC appointment law to a five-judge Constitution bench. He called 'judges appointing judges' a myth and warned that the Centre's selective approval of Collegium names is eroding institutional sanctity. For aspirants, this is a ready-made mains issue on judicial independence, executive overreach, and Ambedkar's vision.

Exam Lens

Quick Exam Facts From News

JudgeJustice Dipankar Datta

Key observation'Judges appointing judges' termed a myth

Challenged law2023 law on appointment of CEC and other Election Commissioners

Referral soughtFive-judge Constitution bench (rejected)

Executive action flaggedSelective/piecemeal approvals of Collegium resolutions

Constitutional visionAmbedkar: independent and competent judiciary

1-Minute Revision

›Judge: Justice Dipankar Datta
›Key observation: 'Judges appointing judges' termed a myth
›Target this Data: Justice Dipankar Datta's opinion delivered on Wednesday (published September 23, 2026) rejecting a plea for a five-judge Constitution bench reference in the 2023 CEC/EC appointment law challenge.
›Target this Institution: Supreme Court Collegium; Centre/executive selectively approving judicial appointments.
›Target this Legal Point: 'Judges appointing judges' is a myth; every judicial appointment bears the President's imprimatur.

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News Snapshot

⚖️

Collegium Defended

Justice Datta called the phrase 'judges appointing judges' a myth propagated by vested interests and motivated narratives.

⚠️

Selective Approvals

The Centre's practice of approving most names but withholding at least one erodes the sanctity of Collegium resolutions and creates a Hobson's Choice.

📜

Ambedkar's Vision

The judge invoked Ambedkar's demand for a judiciary independent of the executive and said the mission is under serious strain.

Detailed Analysis & Strategic Depth

Context / Background

The petitions challenged the 2023 law on appointment of the Chief Election Commissioner and other Election Commissioners. The plea sought reference to a five-judge Constitution bench, which Justice Dipankar Datta rejected. His opinion responds to Solicitor General Tushar Mehta's submission that the Collegium is 'judges appointing judges', turning a procedural hearing into a high-stakes defence of judicial appointments.

Core Analysis & Implications

Justice Datta said the Collegium is not 'a law unto itself' but follows a detailed consultative process involving the executive, intelligence agencies and the President's final imprimatur. His real concern is selective implementation: approving most names while withholding at least one. He warned that such piecemeal approvals destroy the sanctity of a Collegium resolution and may become an accepted practice.

Ambedkar's Vision and Constitutional Balance

Invoking Dr B R Ambedkar, the judge said the judiciary must be independent of the executive and competent. He described the present situation as 'under serious strain' and the judiciary as 'relegated to playing second fiddle' in appointments. This is essentially a separation-of-powers critique, with the executive controlling key appointments but shifting blame onto the Collegium.

Future Outlook / Way Forward

The opinion does not finally decide the constitutional challenge to the 2023 CEC law, but it signals growing institutional friction. If the executive's selective approvals acquire the character of accepted practice, the Collegium may face a Hobson's Choice again. The judge expressed hope that the CJI-led Collegium will make judicious choices, leaving little room for future criticism.

Key Facts at a Glance

JudgeJustice Dipankar Datta

Key observation'Judges appointing judges' termed a myth

Challenged law2023 law on appointment of CEC and other Election Commissioners

Referral soughtFive-judge Constitution bench (rejected)

Executive action flaggedSelective/piecemeal approvals of Collegium resolutions

Constitutional visionAmbedkar: independent and competent judiciary

You've read the full analysis. Now test your understanding.

Practice exam-style questions based on this article.

Q1Static LinkageEasyUPSC, SSC, State PSC

According to the article, who recommends names under the Collegium system before the President gives final approval?

Q2Statement-basedHardUPSC, SSC, State PSC

Consider the following statements regarding Justice Dipankar Datta's opinion:

1. He rejected a plea to refer petitions challenging the 2023 law on appointment of Chief Election Commissioner and other Election Commissioners to a five-judge Constitution bench.

2. He accepted the argument that the Collegium acts as a law unto itself in appointing judges.

3. He observed that every judicial appointment bears the imprimatur of the President.

Which of the statements given above is/are correct?

Q3Data-centricMediumUPSC, SSC, Banking

The petitions examined in the news article challenged the 2023 law related to the appointment of which office holders?

Q4Application/ImpactMediumUPSC, MPSC, SSC

What is the main institutional concern raised by Justice Datta about the Centre's selective handling of Collegium resolutions?

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Supreme Court Judge Defends Collegium, Terms 'Judges Appointing Judges' a Myth; Flags Centre's Selective Approvals

Exam Lens

Quick Exam Facts From News

1-Minute Revision

News Snapshot

Collegium Defended

Selective Approvals

Ambedkar's Vision

Detailed Analysis & Strategic Depth

Context / Background

Core Analysis & Implications

Ambedkar's Vision and Constitutional Balance

Future Outlook / Way Forward

Prelims Flashpoints

Key Facts at a Glance