Centre-requested judge transfers undermine collegium’s integrity: Justice Ujjal Bhuyan

Supreme Court judge Justice Ujjal Bhuyan has sharply criticised the collegium’s decision to transfer a High Court judge at the request of the Central Government, warning that such actions strike at the core of judicial independence and compromise the integrity of the collegium system.

Justice Bhuyan made the observations while referring to the recent transfer of Justice Atul Sreedharan from the Madhya Pradesh High Court to the Allahabad High Court, a move which, according to the collegium’s own record, was made at the request of the Central Government.

“When the collegium records that the transfer of a High Court Judge was being made at the request of the Central Government, it reveals a striking intrusion of executive influence into what is constitutionally supposed to be an independent process,” Justice Bhuyan said. He noted that the collegium system was created precisely to insulate judicial appointments and transfers from executive and political interference.

Emphasising that the Central Government has no role in deciding the transfer or posting of High Court judges, Justice Bhuyan said such matters fall exclusively within the domain of the judiciary. “The Government cannot say that such and such judge should or should not be transferred. Transfer of judges is meant solely for better administration of justice,” he observed.

Justice Bhuyan further questioned the rationale behind transferring a judge merely because he had passed orders that were inconvenient for the Government. “Does it not affect the independence of the judiciary?” he asked, adding that modifying a transfer decision based on reconsideration sought by the Government raises serious concerns about the credibility of the collegium process itself.

He cautioned that when a collegium resolution openly acknowledges executive influence, it amounts to a clear admission that the independence of the judiciary is being compromised. “Does it not compromise the integrity of the collegium system?” he queried.

Justice Bhuyan said that after the judiciary successfully repelled the Government’s attempt to replace the collegium system, it has become even more crucial for the judiciary, particularly members of the collegium, to ensure that the system functions with complete independence. “Integrity of the collegium process must be maintained at all costs,” he stressed.

Recalling the constitutional oath taken by judges, Justice Bhuyan said members of the judiciary are bound to perform their duties without fear or favour, affection or ill will. “We must remain true to our oath,” he said, underscoring that safeguarding the sanctity of the judicial process is primarily the responsibility of judges themselves.

He concluded by reiterating that the independence of the judiciary is a basic and non-negotiable feature of the Constitution. “It is for the judiciary, rather the members of the judiciary, to ensure that its independence is maintained at all costs, in order to preserve its relevance and legitimacy,” Justice Bhuyan asserted.