Supreme Court Judge Justice Ujjal Bhuyan has raised serious concerns regarding the lack of transparency in the Collegium system. He stated that failing to disclose reasons for judicial appointments or promotions is an injustice to meritorious judges.
Key Takeaways
- Justice Ujjal Bhuyan raised concerns over the opacity of the Collegium system.
- He argued that not disclosing reasons for appointments/promotions is unjust to performing judges.
- Lack of transparency poses a risk of unqualified individuals entering the judiciary.
- The judge emphasized the need for public debate on judicial appointment processes.
Speaking at the launch of the 'Judicial Transparency Index' report by the legal think tank 'Vidhi' in New Delhi, Supreme Court Justice Ujjal Bhuyan delivered a scathing critique of the current Collegium system. He emphasized that the refusal to provide concrete reasons for why a candidate is appointed or rejected as a judge constitutes a fundamental injustice.
Justice Bhuyan expressed concern that the Collegium's recent decisions lack the necessary reasoning to justify appointments, promotions, or transfers. He noted that when the process is shrouded in secrecy, it not only harms deserving candidates but also creates a vacuum where unqualified individuals might find their way into the higher judiciary.
Why This Matters
BozokMedia analysis shows that the debate over judicial appointments is central to the balance of power in Indian democracy. Justice Bhuyan highlighted a specific danger: secrecy may allow individuals into the judiciary who later make unconstitutional remarks. He referenced a situation involving an Allahabad High Court judge, noting that such individuals might disparage groups of people by calling them 'ants', which is entirely unconstitutional.
'By not stating reasons, you are actually doing wrong to those judges who have done good work.'
The Collegium system has long been a flashpoint between the Executive and the Judiciary. While the judiciary maintains that this system is essential to protect judicial independence from political interference, critics argue that the absence of clear, public criteria makes the process opaque and arbitrary.
Historical Context: Collegium vs. NJAC
| Feature | Collegium System | NJAC (Struck Down) |
|---|---|---|
| Appointment Basis | Group of Judges (CJI + Senior Judges) | Mix of Judiciary & Government |
| Transparency Level | Low (Secretive) | Higher (Proposed Public Input) |
| Judicial Independence | Strongly Protected | Viewed as a threat to independence |
Frequently Asked Questions
1. What is the Collegium System?
It is a system where a group of the most senior judges of the Supreme Court decides on the appointments and transfers of judges.
2. Why is Justice Bhuyan criticizing it?
He is criticizing the lack of transparency regarding the specific reasons behind judicial selections and promotions.
