India, Sept. 24 -- Justice Dipankar Datta, in his opinion on referring the law on the appointment of CEC and ECs to a five-judge benchquestioned the selective implementation of Supreme Court collegium recommendations, suggesting that the phrase "judges appoint judges" is a myth because the judiciary "plays second fiddle" to the executive in such matters.

Justice Dipankar Datta was responding to an argument made by solicitor general Tushar Mehta during the hearing that a committee dominated by executive members in CEC and EC appointments cannot be faulted because in judicial appointments, judges appoint judges.

The CEC and EC (Appointment, Conditions of Service and Term of Office) Act, 2023 provides for a selection panel headed by the Pr...