In a significant statement, Supreme Court judgeJustice Ujjal Bhuyan has said the transfer of judges is an internal matter ofthe judiciary and the government should have no role in the process, stressingthat judicial transfers are meant solely for the better administration of justice.
Speaking at a lecture held at the ILS Law College,Pune, Justice Bhuyan said, “Transfer of a judge is always for the betteradministration of justice. It is an internal matter of the judiciary. The government can have no say in that.” He cautioned that any departure from this principle compromises judicial independence and defeats the purpose ofinsulating the judiciary from outside influence. Justice Bhuyan was delivering a lecture on ‘Constitutional Morality and Democratic Governance’ as part of the Principal GV Pandit Memorial Lecture series.
In his address, the SC judge expressed concern over instances where collegium resolutions themselves record that a transfer was made on the request of the government, describing this as deeply troubling.“When the collegium itself records that the transfer of a High Court judge was being made at the request of the government,it reveals a striking intrusion into what is constitutionally supposed to be an independent process,” he said.
He added that this amounted to an admission of governmental influence in a process that was specifically designed to be immune from such interference. “It reflects a clear admission of the government influencing collegium decisions - the very thing the collegiumsystem sought to prevent,” Justice Bhuyan said, calling it “very unfortunate”. The judge said such disclosures reflect an undermining of the collegium system’s integrity, which was evolved to prevent political and governmental influence in judicial appointments and transfers. When the collegium itself records that the transferof a judge was being made at the request of the government, it reveals astriking intrusion. Referring to his own judicial career, Justice Bhuyan said he had been transferred twice, from his parent High Court of Guahati to the Bombay High Court, and later from Bombay to the Telangana High Court. He went on to emphasise that transfers should not be viewed as punitive. “I suffered transfer twice… and on each occasion it has worked in my favour. That’s adifferent matter altogether. But the transfer of a judge is always for the better administration of justice.” Justice Bhuyan also defended the collegium system of judicial appointments, tracing its evolution to a period when disproportionate government influence in judicial appointments had raised serious concerns. He added that constitutional morality must prevail over popular or majoritarian views, citing landmark judgments including Kesavananda Bharati, SR Bommai, Navtej Singh Johar and Indian Young Lawyers Association.
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