SC Justice Bhuyan Advocates Transparency in Collegium Appointments
UPSC / SSC current affairs note · Polity
Why in news
Justice Ujjal Bhuyan of the Supreme Court publicly backed greater transparency in the collegium system while releasing a Judicial Transparency Index report. He questioned the recent lack of reasons in collegium resolutions, calling it a potential step back from established transparency principles.
Background
The collegium system, comprising the Chief Justice of India and senior judges, recommends appointments and transfers of judges. Traditionally, resolutions included detailed reasons, but recent recommendations have omitted them. The Memorandum of Procedure (MoP) governs the process but criteria are not publicly codified.
Key facts
Justice Bhuyan released a report on the Judicial Transparency Index in New Delhi.
He noted that collegium resolutions are not being forwarded with reasons, unlike earlier practice.
He cited three recent Supreme Court collegium statements lacking reasons for elevations.
He said not giving reasons is a disservice to many genuinely outstanding judges.
He warned that withholding reasons could allow entry of individuals who make unconstitutional remarks.
He referenced a 2024 speech by a former Allahabad HC judge at a VHP event, calling groups 'ants'.
He observed that deliberations remain confidential, and reasons for rejection/deferral are rarely disclosed.
He highlighted that criteria are not codified in any publicly accessible instrument like the MoP.
He advocated for open courts to help the public develop reasonable perceptions about the judiciary.
Prelims pointers
- Collegium system: appointments of judges to SC and HCs.
- Memorandum of Procedure (MoP): governs collegium functioning.
- Judicial Transparency Index: report released by Justice Bhuyan.
- Articles 124 and 217: appointment of judges.
- Supreme Court collegium: CJI and four senior-most judges.
- Open courts: principle of public access to judicial proceedings.
Mains angles
- Discuss the need for transparency in the collegium system while balancing judicial independence.
- Critically examine the role of the Memorandum of Procedure in ensuring accountability.
- Analyze the impact of opaque appointment processes on public trust in the judiciary.