Mumbai, March 10: Supreme Court Justice Dipankar Dutta has voiced serious concerns regarding the lack of transparency in the Collegium system responsible for appointing judges. He emphasized that judicial appointments should be based on ‘merit’ rather than merely ‘gender’ or numerical representation.
During a conference organized by Indian Women in Law (IWiL) on International Women’s Day, Justice Dutta expressed his worries about the opaque nature of the Collegium system. He stated that the primary criterion for judicial appointments should be merit, not just gender or numerical representation.
Questions on Collegium’s Functioning
According to reports from Bar and Bench, Justice Dutta highlighted the significant transparency issues within the Collegium’s operations, noting that even judges often lack clarity on how it functions. He remarked, “You would be surprised to know that we often do not know what is happening… We are even unaware of where the Collegium meetings are held.”
He also pointed out that dissent within the Collegium does not always lead to changes in final decisions. He cited a recent instance where a female judge expressed dissent, yet the appointment was still approved.
Prioritizing Merit Over Numbers
Discussing women’s representation in the judiciary, Justice Dutta cautioned against limiting the conversation to mere numbers. He strongly opposed symbolic representation, stating, “When it comes to promotions as High Court judges, I will not chase numbers. It should not be that 25 or 30 out of 50 positions go to women just for the sake of gender neutrality. We must advance based on merit.” He clarified that the main criteria for promotions should be capability, integrity, and temperament.
Example from Bombay High Court and Resisting Pressure
Reflecting on his tenure as Chief Justice of the Bombay High Court, he noted the absence of objective criteria for appointments. Judges had to assess lawyers based on their performance during hearings. He recounted an incident where he rejected a suggestion to promote a female lawyer merely for representation’s sake.
He stated, “A judge called me and said six names were being recommended, so why not include that woman? I told that judge ‘no.’ I explained that the lawyer appeared before me and lacked the necessary maturity; she needed more time to develop.”
Justice Dutta also candidly remarked that many judges in the High Court Collegium lack the courage to say ‘no’ to requests from the Supreme Court Collegium. He asserted, “I told them that this is my decision. As Chief Justice of the High Court, I will not agree until I am satisfied.”
Recognition of Female Judges in Calcutta High Court
Recalling his days at the Calcutta High Court, he praised the current female judges. He expressed confidence that judges like Shampa Sarkar, Amrita Sinha, and Moushumi Bhattacharya, whom he had previously challenged during their advocacy, are now capable of handling any lawyer with ease.
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