Supreme Court judge Justice Ujjal Bhuyan publicly questioned the lack of transparency in recent Collegium recommendations on 1 August 2026.
He noted that the last three Collegium resolutions recommending judicial appointments were issued without any reasons.
He argued that citizens have a right to know who their judges will be and how those appointments were arrived at.
The remarks were made at the launch of the Judicial Transparency Index report by the Vidhi Centre for Legal Policy.
The Collegium is a judicially evolved system with no explicit mention in the Constitution, created through the Three Judges Cases.
First Judges Case: the Supreme Court holds that the executive has primacy in judicial appointments.
Second Judges Case: the earlier position is reversed, giving primacy to the judiciary and creating the Collegium system.
Third Judges Case: a Presidential Reference clarifies the Collegium's composition and functioning.
The Supreme Court strikes down the National Judicial Appointments Commission and the 99th Constitutional Amendment, restoring the Collegium.
Justice Ujjal Bhuyan publicly questions the absence of reasons in recent Collegium resolutions.
The Constitution says only that judges of the Supreme Court are appointed by the President after consultation with such judges as the President may deem necessary, and that consultation with the Chief Justice of India is obligatory for appointments other than that of the CJI. It says nothing about a Collegium. The system exists because the Supreme Court, across the three Judges Cases, interpreted 'consultation' to mean 'concurrence' and vested the effective power of selection in a body of senior judges. That origin is the root of the transparency debate: because the Collegium is not a statutory body, no law prescribes what procedure it must follow, what criteria it must apply, or what it must disclose. It publishes resolutions on the Supreme Court website as a matter of practice adopted in 2017, not obligation, and can therefore narrow that practice at will — which is exactly what Justice Bhuyan was objecting to.
Simple Analogy: It is a committee that appointed itself by reading the rulebook in a particular way. Nothing in the rulebook then tells it how to run its meetings.
Provides for appointment of Supreme Court judges by the President after consultation with judges of the Supreme Court and High Courts as deemed necessary.
Governs the appointment of High Court judges, in consultation with the CJI, the Governor and the Chief Justice of the High Court.
Provides for transfer of a judge from one High Court to another, an area where reasons are rarely disclosed.
The document setting out the process for appointments, agreed between the government and the judiciary; it remains the only written guidance and has been contested since 2015.
Sought to replace the Collegium with a commission including the executive and eminent persons; struck down in 2015 as violating judicial independence, part of the basic structure.
GS Paper II > Structure, organisation and functioning of the judiciary; appointment to constitutional posts
General Awareness > Indian polity and judiciary
General Awareness > Polity
In India, separation of judiciary from the executive is enjoined by
Answer: a Directive Principle of State Policy
Which of the following was the first High Court established in India?
Answer: Calcutta High Court
The body of senior judges that recommends appointments and transfers of judges; not mentioned in the Constitution.
The 1981, 1993 and 1998 decisions through which the Collegium system was created and clarified.
The document setting out the appointment process, agreed between the government and the judiciary.
National Judicial Appointments Commission, created by the 99th Amendment and struck down in 2015.
The principle that Parliament cannot amend the essential features of the Constitution; judicial independence was held to be one such feature.