Justice Dipankar Datta prima facie expresses that the 2023 law on the appointment of Election Commissioners does not appear to ensure an independent selection process.

A nominee of the Prime Minister in the selection committee cannot be expected to defy the PM, Justice Datta says.

"Inclusion of cabinet ministers fails to provide an independent counterweight that a neutral selector would. It becomes largely ornamental."

"Free and fair elections depend on a truly independent ECI. It is not enough for the ECI to be independent; it must appear to be independent," Justice Datta pronounces.