Dr Jaya Thakur v Union of India & Ors, with connected petitions

Justice Datta: PM's nominee can't be expected to defy him; panel fails perception test

In his prima facie observations, Justice Datta wrote that a Cabinet Minister nominated by the Prime Minister cannot be expected to oppose him, that this leaves the Leader of Opposition's presence largely ornamental, and that the challengers' point that the Act undermines the appearance of independence 'does appear to have substance'. He recorded the Attorney General's answer of 'probably no' when asked if the nominee would side against the PM.

Expressly prima facie and confined to the reference question (para 88A). Justice Sharma did not join these observations. Justice Datta also rebutted the SG's 'judges appoint judges' argument at length.

• TIER 1 · PRIMARYDr. Jaya Thakur v. Union of India, W.P. (C) No. 14 of 2024 and connected matters, 2026 INSC 1040: opinions of Datta J and Sharma J and common orderSupreme Court of India (PDF hosted by Supreme Court Observer)2026-09-23“It is not enough for the ECI to be independent, it must also appear”