Supreme Court judge Justice Ujjal Bhuyan has delivered a strong critique of the collegium’s decision to transfer a High Court judge at the Central Government’s request, cautioning that such moves strike at the very foundation of judicial independence and weaken the credibility of the collegium system.
Justice Bhuyan made these remarks while referring to the recent transfer of Justice Atul Sreedharan from the Madhya Pradesh High Court to the Allahabad High Court. Notably, the collegium’s own resolution recorded that the transfer was effected at the request of the Central Government.
“When the collegium itself notes that a High Court judge was transferred at the behest of the Central Government, it reflects a disturbing intrusion of executive influence into a process that is meant to remain completely independent,” Justice Bhuyan observed. He underlined that the collegium system was evolved precisely to shield judicial appointments and transfers from political or executive pressure.
Stressing that the Central Government has no authority in matters relating to the posting or transfer of High Court judges, Justice Bhuyan said such decisions fall exclusively within the judiciary’s domain. “The Government cannot dictate which judge should be transferred or retained. Transfers are intended only to serve the better administration of justice,” he said.
Raising serious concerns, Justice Bhuyan questioned whether a judge could be transferred merely for passing orders that were inconvenient to the Government. “Does this not directly impinge on the independence of the judiciary?” he asked, adding that altering or revisiting transfer decisions at the Government’s instance casts a shadow over the collegium’s functioning.
He warned that when a collegium resolution openly acknowledges executive involvement, it effectively amounts to an admission that judicial independence is being compromised. “Does this not erode the integrity of the collegium system itself?” he queried.
Justice Bhuyan noted that after the judiciary firmly resisted the Government’s attempt to dismantle the collegium system, it has become all the more important for the judiciary—especially collegium members—to ensure that the process operates with complete autonomy. “The integrity of the collegium must be preserved at all costs,” he emphasised.
Referring to the constitutional oath taken by judges, Justice Bhuyan said members of the judiciary are duty-bound to act without fear or favour, affection or ill will. “We must remain faithful to that oath,” he remarked, adding that protecting the sanctity of the judicial process is ultimately the responsibility of judges themselves.
He concluded by reiterating that judicial independence is a core and non-negotiable feature of the Constitution. “It is for the judiciary, and for judges as individuals, to safeguard this independence in order to preserve the institution’s relevance and legitimacy,” Justice Bhuyan said.