Why in News?
Supreme Court Judge Justice Ujjal Bhuyan has raised concerns over the Collegium's recent practice of recommending judges without publicly explaining the reasons behind its decisions.
Importance
- A transparent appointment process helps build public trust in the judiciary.
- It also makes it easier to see that judges are being picked on merit and constitutional values, not otherwise.
Key Highlights
- Justice Bhuyan observed that unlike its earlier practice the Collegium no longer provides detailed reasons while recommending judges.
- According to his view, this makes it harder for people to understand why a candidate has been selected and also keeps deserving candidates' achievements out of the public domain.
- The Memorandum of Procedure (MoP) which governs the appointment and transfer of judges is still awaiting revision even after years of discussion.
- He supported the live streaming of court proceedings but warned against sharing short video clips without their full context.
- He also said such edited clips can distort what actually happened in court and unfairly affect the image of judges, lawyers and litigants.
Static Facts
Collegium System
- The Collegium is the mechanism through which judges of the Supreme Court and High Courts are appointed and transferred.
- It developed through a series of Supreme Court rulings known as the Three Judges Cases.
- At the Supreme Court level the Collegium includes the Chief Justice of India (CJI) and the four senior-most judges.
Memorandum of Procedure (MoP)
- The MoP sets out the procedure for appointing and transferring judges.
- After striking down the National Judicial Appointments Commission (NJAC) in 2015, the Supreme Court asked for the MoP to be revised to improve transparency.
- The revised MoP is yet to be finalised.
