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