Pune, Jan 24: Supreme Court’s Justice Ujjal Bhuyan, on Saturday, flagged the perceived dilution of judicial independence linked to a recent transfer of a High Court judge under the influence of the Executive, warning that the judiciary may lose “credibility” due to such aberration.
Delivering the Principal G.V. Pandit Memorial Lecture on “Constitutional Morality and Democratic Governance” at ILS Law College in Pune, Justice Bhuyan asked, “Why should a Judge be transferred from one High Court to another High Court just because he had passed certain inconvenient orders against the government?”
“Does it not affect the independence of the judiciary?” he asked, asserting that the Executive has absolutely no say in the matter of transfer and postings of judges Warning that such actions directly undermine the independence of the judiciary, which is a basic feature of the Constitution, he cautioned against using transfers as tools to penalise judges.
Questioning the recent Collegium decision to modify the proposal to transfer a High Court Judge at the request of the Central government, Justice Bhuyan said that the development “reveals a striking intrusion of Executive influence into what is constitutionally supposed to be an independent process”.
Though he did not name anyone, Justice Bhuyan’s remarks come in the backdrop of a development in October 2025 when the Collegium modified its original proposal to transfer Justice Atul Sreedharan from Madhya Pradesh High Court to the Chhattisgarh High Court.
Disapproving the Collegium’s decision to accommodate the Centre’s request related to Justice Sreedharan’s transfer, Justice Bhuyan said, “When the collegium records that the transfer of a High Court Judge was being made at the request of the Central government, it reveals a striking intrusion of executive influence into what is constitutionally supposed to be an independent process, created to render such process immune from executive and political influence.”
Reminding Collegium members and brother judges to work without “fear or favour”, the Supreme Court judge underscored the judiciary’s allegiance to the Constitution, saying, “We must remain true to our oath… it is primarily the duty and responsibility of the Judges to uphold the sanctity and integrity of the judicial process, including the collegium system, thereby the independence of the judiciary.”
IANS
