• Source:JND

Calling out the collegium system for not providing reasons for the appointment of judges, Supreme Court Justice Ujjwal Bhuyan on Saturday said that the system creates space for judges who make unconstitutional comments like calling a group of people "ants." Not providing reasons harms judges who are truly outstanding and have done excellent work, he said.

"I have noticed that the last three collegium resolutions contain no reasons whatsoever. Is this a step back from the principle of transparency?" Justice Bhuyan said.

Speaking at a discussion to mark the release of a report by the legal think-tank Vidhi, Justice Bhuyan emphasised that not providing reasons for promotions could lead to unqualified candidates entering the judiciary.

Failure to provide reasons is a loss to good judges: Justice Bhuyan

He said that by not giving reasons, the institution actually does a disservice to many judges who are truly excellent and have done a great job.

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Besides, he argued that by failing to provide reasons, we pave the way for the entry of individuals into the judiciary who may later call groups of people "ants" and make comments that are completely unconstitutional and against the values of the Constitution.

Justice Bhuyan noted that a High Court judge had recently made such remark. While he did not name any individuals, a former Allahabad High Court judge had caused a stir with his remarks at a Vishwa Hindu Parishad event in 2024. Opposition leaders subsequently demanded action against him for his alleged hate speech.

What did Allahabad HC judge say?

The High Court judge had said, "In our country, we are taught not to harm even the smallest creatures. Not to kill even ants, and this is deeply ingrained in our minds. Perhaps that is why we are tolerant and compassionate. When others are in pain, we feel the pain too. But in your culture, children are shown scenes of animals being killed from an early age. How can you expect them to be tolerant and compassionate?"

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Justice Bhuyan recalls instances of informed rejections

Justice Bhuyan recalled an instance when Justice UU Lalit was the Chief Justice of India. He said that the resolution in 2022 contained well-reasoned justifications for the recommendations.

He also cited the recommendations for Justice Saurabh Kirpal in 2023. "I would say the reasons given by the Supreme Court are quite convincing. At least, I am convinced by the reasoning," Justice Bhuyan observed.

However, he added that in the last 3-3.5 years, no reasons have been provided.

(With PTI Inputs)


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