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Supreme Court judge Justice Ujjal Bhuyan has emphasized the crucial need for transparency in the Supreme Court Collegium’s process of appointing and transferring judges, asserting that citizens have an absolute right to know how judges are appointed and who will serve on the bench. He observed that the Collegium system continues to function behind closed doors due to limited public access to key decisions regarding the bench. Furthermore, he noted that the evaluation and transfer of judges remain shrouded in confidentiality, arguing that all such information should rightly belong in the public domain.  

Missing Reasons in Recent Resolutions

Speaking at the launch of The Judicial Transparency Index, prepared by the Justice, Access and Lowering Delays in India (JALDI) Initiative at the Vidhi Centre for Legal Policy, Justice Bhuyan pointed out that earlier Collegium resolutions were supported by explicit reasons, even if they were not always exhaustive. He expressed concern that the three most recent Collegium statements contained no stated reasons whatsoever for their recommendations, contrasting sharply with past resolutions that provided at least brief explanations.  Justice Bhuyan urged future research initiatives to focus on assessing this opacity, stressing that judicial appointments ought to be subjected to the exact same standards of openness and transparency as everyday judicial functioning. He further warned that withholding justification for appointments not only does a disservice to outstanding judges by obscuring their achievements, but also risks allowing individuals with unconstitutional views to enter the judiciary.  

The Judicial Transparency Index

Welcoming The Judicial Transparency Index, Justice Bhuyan praised it as a vital initiative. While acknowledging that the Indian judiciary has made commendable strides in expanding public access, he noted that more must be done to systematically institutionalize openness across all levels of the justice system. As the first comprehensive study measuring disclosure practices across the Supreme Court and various High Courts, the Index systematically evaluates the availability of information concerning court proceedings, institutional governance, administration, and the personnel serving within the judicial system.  

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