The Delhi High Court has ruled that the reasons for the Supreme Court collegium’s rejection of candidates recommended for judgeship by the High Court collegium should remain confidential. This decision came in response to a case brought by CA Rakesh Kumar Gupta against the Supreme Court of India, where Gupta sought transparency in the reasons behind such rejections.
A Division Bench consisting of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela held that the disclosure of such reasons could harm the prospects of the candidates and impede the appointment process. The court emphasized that the Supreme Court collegium’s deliberations involve sensitive personal information that, if made public, could stifle the functioning of the judiciary.
The ruling highlighted that the High Court cannot review the subjective assessments made by the Supreme Court collegium regarding the suitability and fitness of candidates for judgeship. The court differentiated between the objective criteria of eligibility and the subjective evaluation of a candidate’s fitness, which is central to the collegium’s consultative process.
The case arose when Gupta, himself a litigant affected by delays in the judiciary purportedly due to a shortage of judges, challenged the opacity of the collegium system. He argued that this lack of transparency not only affected the efficiency of the courts but also public perception of the judicial appointment process. In 2023, the rejection rate of candidates by the Supreme Court was significantly higher than in previous years, raising concerns about the selection process.
Also Read
However, the High Court dismissed Gupta’s appeal, citing the integrated and consultative nature of judicial appointments, which are not adversarial and typically not subject to judicial review except under specific constitutional grievances. The court also noted that Gupta could seek an expedited hearing for his pending cases if he felt they were being unduly delayed.
