Crisis of Judicial Independence: Justice Bhuyan Questions Collegium System and Government Interference

Published on: 25 Jan 2026 at 06:39 AM

Published by: Gill Bikram

Crisis of Judicial Independence: Justice Bhuyan Questions Collegium System and Government Interference

Supreme Court Justice Ujjal Bhuyan has voiced serious concerns over the independence of the judiciary and the growing influence of the government in the collegium system for judicial appointments. Speaking at a function at ILS Law College in Pune, he warned in strong terms that the biggest threat to the judiciary does not come from external forces, but from within its own system. He cautioned that if the judiciary loses public trust, courts and judges may remain, but the “soul” of the institution would be lost.

Justice Bhuyan cited the transfer of Madhya Pradesh High Court Justice Atul Shridharan as an example to question collegium decisions. He noted that when the collegium itself records that a judge’s transfer was made at the central government’s request, it serves as clear evidence of executive interference in the judicial process. Notably, Justice Shridharan had taken a tough stance against a BJP minister, after which he was first transferred to Chhattisgarh and then, on the Centre’s request, to the Allahabad High Court. According to Justice Bhuyan, the government should have no role in the posting or transfer of judges.

Emphasizing constitutional ethics, Justice Bhuyan stated that the country runs on the “rule of law,” not the “rule of men.” He acknowledged that the collegium system for appointing judges is not the best and has room for improvement. Appealing to collegium members, he urged them to uphold their oath without fear or bias. He clarified that while a judge may have personal political ideologies, constitutional principles must always take precedence in delivering judgments.