- Ask Indians, despite increasingly embracing cynicism of the highest order, one of the most respected constitutional institutions that the country is blessed with will be unequivocally mentioned as the Supreme Court. Our respect, faith, and belief may have been eroded long back by the rampant corruption, high-handedness, red-tapism, and unholy nexus between the politician-bureaucrat bogging the country. However, if there is any entity that continues to remain as the last beacon of hope, it is none other than the Supreme Court. Ordinary citizens would not mind queuing up in front of the SC to seek relief whenever the constitutionally guaranteed rights are under threat. The SC has assiduously stood up for the welfare of the last man standing.
PC: Live Law
- However, a sitting Supreme Court judge voiced concern about the collegium’s judges’ appointments. In doing so, SC judge Ujjal Bhuyan calls out collegium in a timely reminder that the system must be seen to be independent and accountable. The judge mentioned that the biggest threat to judicial freedom is from within. SC judge has swung much-needed attention to a red flag that’s been fluttering in the breeze for some time, especially the apparently harmonious way the political executive seems to influence judges’ appointments, however much below the radar. Justice Bhuyan, during a lecture, highlighted the Supreme Court collegium’s decision to follow the Centre’s suggestion and change the transfer order of a senior judge of MP high court.
PC: Ahmedabad Mirror
- The judge in question was moved to the Allahabad HC, as the Centre desired, instead of to the Chhattisgarh HC, per the collegium’s decision. The reason was officially recorded by the collegium itself. As Justice Bhuyan said, so much for the judiciary’s independence. His legitimate concerns about the top court’s own appetite/mettle for independence are timely. Ironically, one must welcome the SC collegium somewhat keeping its word, from 2021, to disclose reasons for its recommendations while making appointments, in pursuit of transparency. Only removing the cloak of secrecy exposed the government’s influence on judges’ appointments. Of course, it is not surprising. Mind you, it would be naïve to pretend otherwise.
PC: Citizens for Justice and Peace
- Disconcertingly, what is stark, though, is that the SC collegium should allow for this. GOI has, not infrequently, slid into cold storage several collegium decisions on transfers, keeping judges in limbo. This has caused SC anguish and triggered much heartburn and debate on govt attempts to influence, go-slow or expedite transfers. SC has aggressively pushed back against legislative attempts to expand the process of recruiting and postings of judges, to include members of the executive and legislature. Judiciary must be safeguarded from executive interference is a constitutional principle; the idea is not step on each other’s toes, but to keep the other on its own toes. SC collegium should not cede accountability nor allow the executive to transgress. Simple.
