Supreme Court Justice Ujjal Bhuyan has raised concerns over the lack of transparency in recent judicial appointments, stating that citizens have a right to know the basis on which judges are selected. Speaking at a discussion during the release of a report by Vidhi’s JALDI initiative, Justice Bhuyan called for introspection within the judiciary and questioned whether recent Collegium resolutions had moved away from the principle of openness.

Justice Bhuyan said that the last three resolutions issued by the Supreme Court Collegium did not provide any reasons for the recommendations, describing it as a possible setback to transparency. He recalled that earlier Collegium decisions, though not always exhaustive in their explanations, included some reasoning to justify judicial appointments. According to him, even when those reasons were brief or formulaic, they helped provide accountability to the public.

Emphasising the importance of public confidence in the judiciary, Justice Bhuyan said citizens have the right to know about the functioning of courts, the judges appointed to constitutional positions, and their judicial records. He referred to earlier Collegium resolutions, including those issued during the tenure of former Chief Justice of India U.U. Lalit in 2022, which contained detailed explanations supporting recommendations.

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Justice Bhuyan also referred to the Supreme Court Collegium’s January 18, 2023 resolution reiterating the recommendation of advocate Saurabh Kirpal for appointment as a judge of the Delhi High Court. He said the reasons provided by the Supreme Court in that resolution were convincing. However, he noted that the recommendation has remained pending for more than three years, adding that the issue was separate from the discussion on transparency.

Highlighting the consequences of opaque appointment processes, Justice Bhuyan said the absence of reasons in Collegium resolutions affects both deserving judges and the credibility of the institution. He argued that without adequate explanations, outstanding candidates may not receive due recognition, while individuals whose views conflict with constitutional values could find their way into the judiciary.

Responding to a question from Bar and Bench, Justice Bhuyan clarified that his remarks about unconstitutional comments referred to statements made by a former Allahabad High Court judge and were not aimed at any serving member of the judiciary. The former judge had faced criticism in 2024 after making remarks at a VHP event that were viewed as referring to Muslims and raising concerns over constitutional principles of equality and tolerance.

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