Abolish the Collegium: End Judicial Secrecy

The recent fire incident at Delhi High Court Judge Yashwant Verma’s residence on March 14 has once again exposed the glaring flaws in India’s collegium system. The changing statements from the collegium, led by Chief Justice of India Justice Sanjiv Khanna, have only added fuel to the fire. This is no longer just a question of an individual judge’s conduct; it is about the credibility of the entire judiciary. The time has come for Parliament to step in and dismantle the opaque and unaccountable collegium system once and for all. The judiciary, which is supposed to be the guardian of justice, has failed miserably in handling this controversy. Instead of ensuring transparency, the collegium has chosen secrecy and deflection. Why was the accused judge transferred back to Allahabad instead of being suspended pending an inquiry? If the collegium had taken decisive action by ordering an independent probe, its integrity would not have been questioned. Instead, it opted for a dubious transfer, which only raises more questions about its motives. Legal luminary Harish Salve has rightly pointed out that the collegium made a colossal blunder by first transferring the judge to Ahmedabad and then attempting to cover it up by claiming the transfer had nothing to do with the allegations. The absurdity of this claim is evident to anyone following the case. How can an accused judge be deemed fit for another court? This decision reeks of favouritism and an attempt to shield a colleague rather than uphold judicial propriety.

Further deepening the suspicion is the conduct of the Delhi Fire Services, which initially claimed that no burnt cash was found at the judge’s residence. This was soon debunked by video footage showing a fire official whispering, “Mahatma Gandhi ji jelre (burning).” If cash was indeed destroyed in the fire, why was the truth suppressed? Who exerted pressure on the fire department to issue a misleading statement? And most importantly, what exactly was being covered up? Given the gravity of the allegations, the accused judge should have resigned immediately, accepting moral responsibility. Instead, we see silence and evasion. The collegium, too, should issue an unconditional apology for its gross misjudgment. More importantly, Chief Justice Khanna, who heads the collegium, must introspect—does he truly believe he has upheld the dignity of his office? If he has any respect for the institution, he should step down, even if it means doing so a few months before his retirement. But resignation and apologies are not enough. Parliament must take cognizance of this episode and initiate impeachment proceedings against the accused judge. The collegium’s failure must also be scrutinized, and the system itself must be abolished. The judiciary cannot continue to operate in an opaque, self-serving manner while expecting the public to trust its decisions. Where are the so-called guardians of judicial accountability—activists like Prashant Bhushan and others—who never hesitate to question the judiciary when it suits their agenda? Their silence is deafening. The media has done its job in exposing the truth, but the judiciary must now submit to public scrutiny. The solution is clear: India needs a more democratic system of judicial appointments. A transparent, multi-member body, free from the stranglehold of a select few judges, must be established to oversee appointments and transfers. The days of backroom deals and unaccountable decision-making in the judiciary must end. If this is not done now, public faith in the judiciary will erode beyond repair. It is time for action, not excuses.