Justice Datta wrote in his judgment: “The Solicitor General of India had argued that if participation of outsiders is not envisaged in the appointment of Judges of this Court and the High Courts under the Collegium system of appointment of Judges, a similar objection cannot be raised in the context of appointments of the Election Commissioners comprising the ECI.”
From SC's ECI Appointments Verdict: Judges appoint judges ? Really? The oft-repeated phrase is a myth: Justice Dipankar Datta to centre
He asks: What about the detailed consultative process envisaged under the constitution, and the intrinsic role of the executive both at the centre and states, vetting by IB and clearance by the President which sometimes causes delay in appointments after recommended by collegium ? he asks
Justice Datta was countering the argument of centre that via the collegium system judges appoint judges then why can’t there be government dominance in the selection panel that appoints eci members?
Justice Datta also defends the collegium system