Is Judicial Independence at Risk? Justice Ujjal Bhuyan on Executive Influence in High Court Transfers
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Synopsis
Justice Ujjal Bhuyan's recent remarks at ILS Law College raise alarms about the potential erosion of judicial independence due to Executive influence in High Court transfers. He questions the integrity of judicial processes when influenced by governmental requests, emphasizing the need to preserve the autonomy of the judiciary at all costs.
Key Takeaways
- Judicial Independence is crucial for credibility.
- The Executive should not influence judicial transfers.
- Judges must operate without fear or favour.
- Collegium decisions should remain independent from political pressure.
- Upholding the integrity of the judicial process is vital.
Pune, Jan 24 (NationPress) Justice Ujjal Bhuyan of the Supreme Court raised concerns on Saturday regarding the perceived erosion of judicial independence associated with a recent transfer of a High Court judge under Executive influence. He cautioned that such actions could lead to a loss of credibility for the judiciary.
While delivering the Principal G.V. Pandit Memorial Lecture on "Constitutional Morality and Democratic Governance" at ILS Law College in Pune, Justice Bhuyan questioned, "Why should a judge be transferred from one High Court to another just because he issued certain inconvenient orders against the government?"
"Does this not compromise the independence of the judiciary?" he continued, emphasizing that the Executive should have no influence over the transfer and appointment of judges.
He expressed concern that such actions directly threaten the independence of the judiciary, which is a fundamental aspect of the Constitution, and warned against utilizing transfers as punitive measures against judges.
Justice Bhuyan scrutinized the recent Collegium decision to adjust the proposal for transferring a High Court judge at the behest of the Central government, stating that this incident "highlights a significant intrusion of Executive influence into what should constitutionally be an independent process".
Although he refrained from naming individuals, Justice Bhuyan's comments are set against the context of a decision made in October 2025, when the Collegium altered its initial proposal to transfer Justice Atul Sreedharan from the Madhya Pradesh High Court to the Chhattisgarh High Court.
Expressing disapproval of the Collegium's agreement with the Centre's request regarding Justice Sreedharan's transfer, he remarked, "When the collegium indicates that the transfer of a High Court judge is at the request of the Central government, it underscores a notable intrusion of executive influence into what is intended to be a constitutionally independent process, shielded from political and executive pressure."
Justice Bhuyan reminded his fellow judges and Collegium members to operate without "fear or favour", underscoring the judiciary's commitment to the Constitution. "It is primarily our duty to uphold the sanctity and integrity of the judicial process, including the collegium system, which guarantees judicial independence," he asserted.
Point of View
It's essential to recognize the weight of Justice Bhuyan's concerns. The integrity of our judiciary is foundational to democracy. Any perceived intrusion by the Executive not only undermines public trust but also threatens the very fabric of judicial independence. We must advocate for a transparent and independent judicial process.
NationPress
24/01/2026
Frequently Asked Questions
What did Justice Ujjal Bhuyan say about judicial independence?
Justice Bhuyan expressed concerns about the erosion of judicial independence due to Executive influence in the transfer of High Court judges.
Why is the transfer of judges a concern?
Transferring judges at the behest of the government can compromise judicial integrity and independence, which are fundamental to a fair legal system.
What was the context of Justice Bhuyan's remarks?
His remarks were made during a lecture at ILS Law College, where he addressed the implications of judicial transfers influenced by the Executive.
