SC Judge Ujjal Bhuyan Questions Collegium Opacity in Judicial Appointments
UPSC / SSC current affairs note · Polity
Why in news
Justice Ujjal Bhuyan of the Supreme Court publicly criticized the lack of transparency in the collegium's decisions on judicial appointments, noting that recent resolutions contained no reasons. His remarks highlight ongoing concerns about the accountability of the collegium system and the need for citizens' right to know about judicial elevations and transfers.
Background
The collegium system, comprising the Chief Justice of India and senior judges, recommends appointments and transfers of judges to the higher judiciary. It has been criticized for lack of transparency and accountability. The JALDI (Justice, Access and Lowering Delays in India) Initiative at the Vidhi Centre for Legal Policy released a Judicial Transparency Index assessing disclosure practices of the Supreme Court and high courts.
Key facts
Justice Ujjal Bhuyan questioned the opacity in the collegium's decisions, noting that the last three collegium resolutions contained no reasons.
He warned that withholding reasons could allow unsuitable individuals to enter the judiciary, referencing a remark by an Allahabad High Court judge in 2024.
Bhuyan stressed that citizens have a right to know deliberations on elevation and transfer of judges.
He noted that reasons for rejecting or deferring recommendations are rarely disclosed, and criteria are not codified publicly.
The JALDI report is the first systematic study assessing transparency practices across India's higher judiciary.
Bhuyan cited the case of senior advocate Saurabh Kirpal, whose appointment was recommended but not materialized despite 3.5 years.
He requested the JALDI team to assess the opacity of the collegium system in future indices.
Prelims pointers
- Collegium system: appointments and transfers of judges by CJI and senior judges.
- JALDI Initiative: Justice, Access and Lowering Delays in India, at Vidhi Centre for Legal Policy.
- Judicial Transparency Index: assesses disclosure by Supreme Court and High Courts.
- Constitutional provisions: Articles 124 and 217 deal with appointment of judges.
- Saurabh Kirpal: senior advocate whose appointment was recommended but not finalized.
Mains angles
- Discuss the need for transparency in judicial appointments while balancing judicial independence.
- Critically examine the collegium system and its accountability mechanisms.
- Analyze the role of citizens' right to know in judicial appointments.