‘Striking intrusion’: SC flags govt intervention in judicial transfers, Pg10

Key Highlights:

• Justice Ujjal Bhuyan raised concerns about executive influence in judicial transfers, emphasizing the need to safeguard judicial independence.
• He highlighted a case where the Supreme Court Collegium altered a transfer proposal based on the government's request.
• Justice Bhuyan questioned the rationale of transferring judges after adverse rulings against the government.
• He stressed that judicial independence is a basic feature of the Constitution and is vulnerable to internal compromise.

Detailed Insights:

• The Collegium system's independence is crucial after the judiciary resisted governmental attempts to replace it.
• Transferring judges due to "inconvenient orders" against the government undermines the judiciary's independence.
• Constitutional morality should outweigh public morality, as constitutional courts are counter-majoritarian by nature.
• The core issue extends beyond the collegium mechanism to how judges exercise constitutional power.
• The judiciary must uphold the Constitution without fear or favor to maintain its relevance and legitimacy.

Key Concepts Involved:

• Collegium System: A system where appointments and transfers of judges are decided by a panel of senior judges.
• Judicial Independence: The principle that the judiciary should be free from influence from the other branches of government.
• Constitutional Morality: Adherence to the principles and values enshrined in the Constitution.