Justice Ujjal Bhuyan Seeks Greater Transparency in Supreme Court Collegium Decisions

New Delhi, August 3, 2026: Supreme Court Justice Ujjal Bhuyan has called for greater transparency in the judicial appointment process, questioning the absence of reasons in recent Supreme Court Collegium resolutions and warning that opaque decision-making could undermine public confidence in the judiciary.

Speaking at the launch of a report by Vidhi’s JALDI initiative on Saturday, Justice Bhuyan said the Collegium’s latest three resolutions did not provide reasons for its recommendations, raising questions about whether the system was moving away from earlier efforts to make judicial appointments more transparent.

“I have noticed that the last three Collegium resolutions contain no reasons whatsoever. Is this a step back from the principle of transparency?” Bhuyan asked.

The judge said that although earlier Collegium resolutions were at times formulaic, they generally contained reasons explaining why particular candidates were recommended for appointment. He argued that citizens have a legitimate interest in knowing who is being considered for judicial office, their record of judgments and the basis on which the Collegium reaches its decisions.

Bhuyan cited a 2022 Collegium resolution issued during the tenure of former Chief Justice of India U.U. Lalit and the January 18, 2023 resolution reiterating the recommendation of Saurabh Kirpal for appointment as a judge of the Delhi High Court as examples of decisions that contained substantive reasoning.

Describing the reasoning in the Kirpal recommendation as convincing, Bhuyan also pointed out that the recommendation has remained pending for more than three years.

The judge warned that withholding reasons for judicial appointments could harm both deserving candidates and the public interest. He said a lack of transparency could create room for individuals to enter the judiciary who might subsequently make statements inconsistent with constitutional values.

Bhuyan said such a situation could allow individuals to make remarks that are “wholly unconstitutional and contrary to the values of the Constitution.”

Responding to a question from Bar and Bench, Bhuyan clarified that his reference was to remarks made by a former Allahabad High Court judge at a Vishwa Hindu Parishad (VHP) event in 2024 and was not directed at any serving member of the judiciary.

The former judge had made controversial comments involving comparisons between attitudes towards animals and Muslims, prompting widespread criticism.

Justice Bhuyan’s remarks have renewed attention to the long-standing debate over transparency and accountability in the Collegium system, under which judges of the higher judiciary recommend appointments and transfers. The call for reasoned resolutions comes amid continuing public and legal debate over how judicial independence can be protected while ensuring that the appointment process remains transparent and accountable.

Source: NDTV News