Delhi High Court: Collegium’s Rejection Reasons For Judgeship Candidates To Remain Confidential

Delhi High Court Upholds Confidentiality of Supreme Court Collegium's Rejection Reasons

 

In a recent ruling, the Delhi High Court determined that the reasons behind the Supreme Court collegium's rejection of candidates recommended by the High Court collegium for judgeship must remain confidential. This decision came after a case filed by CA Rakesh Kumar Gupta, who sought greater transparency in the judicial appointment process.

 

Case Background

 

CA Rakesh Kumar Gupta brought the case against the Supreme Court of India, arguing for the disclosure of reasons behind the collegium's rejections. Gupta, affected by judicial delays due to a shortage of judges, believed that transparency could improve public perception and efficiency within the courts.

 

Court’s Decision and Observations

 

A Division Bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela ruled that revealing such reasons could negatively impact the candidates' prospects and disrupt the appointment process. They emphasized that the Supreme Court collegium's deliberations involve sensitive personal information, and public disclosure could hinder the judiciary's functioning.

 

The court further clarified that the High Court does not have the authority to review the Supreme Court collegium's subjective assessments regarding a candidate's suitability for judgeship. They distinguished between the objective criteria of eligibility and the subjective evaluation of a candidate's fitness, which is essential to the collegium's consultative process.

 

Transparency vs. Confidentiality

 

Gupta contended that the lack of transparency in the collegium system not only impacted court efficiency but also influenced public perception of judicial appointments. Notably, the rejection rate of candidates by the Supreme Court in 2023 was significantly higher than in previous years, raising concerns about the selection process.

 

However, the Delhi High Court's decision underscores the importance of maintaining confidentiality in the collegium's deliberations to protect the integrity and effectiveness of the judicial appointment process. This ruling highlights the delicate balance between transparency and the need to safeguard sensitive information within the judiciary.

 

 

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