Collegium’s unexplained recommendations risk bad appointments, says SC judge

What happened: Justice Ujjal Bhuyan flagged opacity risks in Collegium recommendations

Supreme Court judge Justice Ujjal Bhuyan argued that the Supreme Court Collegium’s limited transparency in judicial appointments creates loopholes. He warned that these loopholes can allow people with unconstitutional or derogatory remarks to enter the judiciary.

Justice Ujjal Bhuyan cited reported derogatory remarks by a former Allahabad High Court judge toward a minority community as an example of the risk created by insufficient transparency.

Justice Ujjal Bhuyan said the move toward returning to opacity in Collegium decisions is relatively recent. He also argued that the public stays uninformed when the Collegium does not provide reasons for recommendations to constitutional courts (courts with special constitutional authority).

Justice Ujjal Bhuyan stated that reasons for rejection or deferral are rarely fully disclosed. He added that appointment criteria are not codified in a publicly accessible instrument comparable to the Memorandum of Procedure’s limited disclosure.

Background: livestreaming as transparency, with limits against misuse