Shreya Gupta
On 28th June 2025, at the felicitation ceremony organised by the High Court Bar Association in Nagpur, Supreme Court judge, Justice Dipankar Datta addressed the criticisms surrounding the Collegium System of judicial appointments. He emphasized that the widespread belief that “judges appoint judges” is a misconceived notion, asserting instead that external forces often interfere with the process, stalling or preventing appointments recommended by the Collegium.
Citing his own experience as a member of the Calcutta High Court Collegium in 2019, Justice Datta highlighted how a recommendation for the elevation of an advocate has remained unacted upon for over six years. He questioned why such delays occur and why the real obstacles — these unnamed external forces — are not scrutinized. Stressing the importance of merit-based appointments, he urged that pending recommendations be prioritized and that these disruptive influences be dealt with sternly.
Justice Datta called on Chief Justice of India (CJI) Bhushan Gavai to dispel the myth of judges merely appointing judges and to enhance transparency in the Collegium system. Reflecting on the pre-Collegium era, he pointed out that several highly respected Chief Justices of the Bombay High Court, such as Justice MN Chandurkar, Justice Chittatosh Mookerjee, and Justice PD Desai, were never elevated to the Supreme Court — a fact seldom questioned despite their competence. He noted that while the Collegium system has been criticized for opacity, efforts have been made to improve it. He described the current phase as “translucent,” calling upon CJI Gavai to take it further toward full transparency without compromising on merit.
In response, CJI Gavai cited the recent appointment of Justice Atul Chandurkar, senior-most puisne judge of the Bombay High Court, to the Supreme Court as evidence of this growing transparency. He emphasized the Collegium’s current practice of interacting directly with candidates and balancing both seniority and merit.
Justice Datta also delved into the evolving role of the judiciary, asserting that judicial activism is now a fixture in Indian jurisprudence. However, he warned against the dangers of judicial adventurism or judicial terrorism, where the judiciary may overstep its bounds. To prevent such overreach, he urged judges to adhere to five guiding principles abbreviated as DSNNS: Dharma (righteousness), Satya (truth), Niti (legal and constitutional principles), Nyay (justice), and Shanti (peace). He explained that these principles serve to maintain judicial integrity and ensure societal peace, reminding judges of their crucial role as stakeholders in the nation’s democratic structure.
In summary, Justice Datta’s speech was a passionate call for reform, accountability, and introspection within the judiciary, not only to improve public perception of the Collegium system but also to strengthen the institution’s foundational role in delivering fair, transparent, and merit-driven justice.
Instagram: Click here.
LinkedIn: Click here.
For Collaboration and Business: info.desikaanoon@gmail.com
