SC Judge Flags Collegium Opacity, Stresses Judicial Transparency
UPSC / SSC current affairs note · Polity
Why in news
Supreme Court judge Justice Ujjal Bhuyan has publicly criticized the collegium system for its lack of transparency in judicial appointments and transfers. His remarks have reignited the debate on judicial accountability and the need for reforms in the appointment process.
Background
The collegium system, established through judicial pronouncements, involves a group of senior judges recommending appointments and transfers of judges. It has been criticized for its secrecy and lack of accountability, with calls for a more transparent mechanism like a National Judicial Appointments Commission (NJAC), which was struck down by the Supreme Court in 2015.
Key facts
Justice Ujjal Bhuyan, a Supreme Court judge, flagged the opacity of the collegium system in judge appointments and transfers.
He stated that the collegium's opacity runs contrary to judicial transparency.
He asserted that citizens have a right to know who their judges are.
He noted that reasons for decisions in the collegium are rarely disclosed.
The collegium system is the current mechanism for appointing and transferring judges in the higher judiciary.
The system has been criticized for its lack of transparency and accountability.
The National Judicial Appointments Commission (NJAC) Act, which aimed to replace the collegium, was declared unconstitutional by the Supreme Court in 2015.
Prelims pointers
- Collegium system: A system of appointment and transfer of judges by a forum of senior judges.
- National Judicial Appointments Commission (NJAC): A proposed body to replace the collegium, struck down in 2015.
- Supreme Court judgment: In 2015, the Supreme Court declared the NJAC Act unconstitutional (Fourth Judges Case).
- Article 124: Deals with the appointment of Supreme Court judges.
- Article 217: Deals with the appointment of High Court judges.
Mains angles
- Discuss the merits and demerits of the collegium system in judicial appointments.
- Critically examine the need for transparency in the judicial appointment process.
- Analyze the conflict between judicial independence and judicial accountability.
- Evaluate the impact of the NJAC judgment on judicial reforms.