During a recent legal proceeding, Supreme Court Justice Dipankar Datta raised significant questions regarding the neutrality of the 2023 law that dictates how members of the Election Commission of India (ECI) are selected. The law establishes a three-member committee responsible for these appointments, consisting of the Prime Minister, a cabinet minister nominated by the Prime Minister, and the Leader of the Opposition.

Justice Datta characterized the current legal framework using the analogy of a "batting team choosing the umpire." This comparison highlights his concern that the committee's composition heavily favors the executive branch, potentially undermining the independence of the election body. By having two of the three committee members directly tied to the government, the process may lack the necessary checks and balances to ensure impartial appointments. While the Leader of the Opposition is included as the third member, Justice Datta suggested that this structure leaves significant "scope for doubt" regarding whether the ECI can remain truly free from government influence. The remarks have sparked a broader conversation about the transparency of constitutional appointments and the necessity of maintaining institutional autonomy in democratic processes.