·The Hindu·15 marks·250–350 wordsPolity

"A judiciary that demands transparency from other institutions cannot itself function in secrecy." Evaluate this statement in the context of judicial appointments in India.

In this answer
  1. The judiciary's own transparency standard
  2. Where appointments fall short
  3. The case on the other side
  4. Steps already taken

The collegium is a judicial creation read into the "consultation" clauses of Articles 124 and 217, not a body the Constitution names. The statement is largely valid: courts that enforce openness on the executive weaken their own authority by appointing judges through an unstated process — though confidentiality retains a limited, legitimate role.

The judiciary's own transparency standard

  • The Supreme Court held that the office of the CJI is a "public authority" under the RTI Act, extending disclosure duties to itself [1].
  • Courts routinely demand reasoned orders from administrative authorities; natural justice requires reasons whenever a claim is rejected.
  • Applying a lower standard to itself invites the charge of institutional double standards.

Where appointments fall short

  • No published eligibility matrix or vacancy notification; the method of assessing candidates is undocumented.
  • Recent collegium resolutions recommending elevation have carried no recorded reasons, so citizens learn who was appointed but not why [2].
  • Opacity weakens scrutiny of merit, seniority and social/regional representation, and fuels perceptions of favouritism.

The case on the other side

  • Deliberations involve sensitive personal and professional assessments; full disclosure could deter candidates and damage reputations.
  • Judicial primacy in appointments was upheld as basic structure when the Constitution (99th Amendment) and the NJAC Act — which gave the Union Law Minister and two eminent persons a two-member veto — were struck down in 2015 [3]; secrecy, however, was never the ratio of that protection.

Steps already taken

  • The Supreme Court now publishes collegium resolutions on its website [4], and disclosure of who is recommended has improved markedly [2].
  • The revised Memorandum of Procedure, directed in 2015, remains unfinalised — the key pending reform.

Transparency and independence are complements, not rivals: independence shields the judiciary from the executive, not from the citizen. Finalising the MoP with published criteria, notified vacancies and reasoned resolutions — while protecting genuinely personal material — would align appointments with the openness the Court itself demands, strengthening both judicial legitimacy and public trust.

Sources

  1. 1CPIO, Supreme Court of India v. Subhash Chandra Agarwal, judgment dated 13 November 2019CJI's office is a "public authority" under the RTI Act
  2. 2The Judicial Transparency Index, Vidhi Centre for Legal Policy / JALDI (1 August 2026)collegium resolutions lack reasons; disclosure of *who* has improved, not *why*
  3. 3The National Judicial Appointments Commission Bill, 2014 — PRS Legislative ResearchNJAC composition and two-member veto; 99th Amendment struck down in 2015
  4. 4Collegium Resolutions, Supreme Court of Indiaofficial publication of collegium resolutions
Practice
11 questions on this article
Check the answer for each question, or reveal all at once.
Practice MCQs →

More from this note

More on Polity