Concerns about Transparency in Judicial Appointments
Supreme Court Judge, highlighted the lack of transparency in the Supreme Court Collegium's process for judicial appointments, which allows individuals with questionable views to join the judiciary. He cited an instance where a former Allahabad High Court Judge made derogatory remarks about a minority community. Justice Bhuyan emphasized that the Collegium's failure to disclose reasons for its recommendations leads to public ignorance about both the achievements of deserving candidates and the criteria used for appointments.
Memorandum of Procedure (MoP)
- The MoP outlines the procedure for appointing and transferring judges to the Supreme Court and State High Courts.
- It was developed through a series of Supreme Court decisions known as the Three Judges Cases, which established the Collegium system.
- In 2015, the Supreme Court called for a revised MoP to enhance transparency and accountability after rejecting the National Judicial Appointments Commission.
- This revision process remains pending.
Transparency vs. Misuse in Court Proceedings
Justice Bhuyan addressed the issue of transparency through live streaming of court proceedings and the potential for misuse. He highlighted a recent court order that distinguishes between transparency and the risk of creating misleading narratives from court proceedings.
- The order aims to prevent the commercial exploitation of live-streamed content and the spread of decontextualized, misleading information.
- Justice Bhuyan emphasized the importance of open justice to maintain public confidence in the judiciary.
- He referenced the 2018 Supreme Court judgment (Swapnil Tripathi case) that supported live streaming as a means to expand transparency and accountability.
Justice Bhuyan concluded by quoting the Supreme Court's judgment in Central Public Information Officer, Supreme Court of India v. Subhash Chandra Agarwal (2020), asserting that transparency is crucial for judicial independence and public access to justice. He described transparency as the "soul of justice," essential for ensuring fairness and preventing misconduct within the judiciary.
