Supreme Court Justice Dipankar Datta said the Collegium did not always protect judges who showed courage and integrity in the past. He warned that lack of protection may discourage judges from choosing ethics over career growth.
Supreme Court judge Justice Dipankar Datta on Saturday made important remarks about the Collegium system and judicial independence, stating that in the past, the Supreme Court Collegium did not always support judges who showed courage and integrity while delivering justice. He warned that such situations could discourage judges from choosing ethics over their career growth in the future.
Speaking at the first Supreme Court Bar Association national conference on “Reimagining Judicial Governance”, Justice Datta spoke openly about the pressure judges sometimes face and how important it is for the Collegium to stand by honest and courageous judges.
He said that many judges in the past showed strong moral courage and were ready to face consequences for doing the right thing, but not all of them were protected by the system.
He said,
“Many judges have had the mental courage and conviction to take the hit for the greater good. However, how many judges in present times would prioritise ethics over career growth? Do you expect them to have the rectitude to practice what is preached? It is a bitter pill to swallow,” justice Datta said while speaking at the first Supreme Court Bar Association national conference on “Reimagining Judicial Governance”.
Justice Datta further said that there were instances where judges who acted honestly and courageously were not supported by the Collegium and were instead left vulnerable. He stressed that this should not happen if the judiciary wants to maintain integrity and independence.
He added,
“There have been instances in the past where those who followed this statement were not protected by the Collegium by ensuring that they are not victimised for their righteousness,”
he added.
Justice Datta also made a direct appeal to Justice BV Nagarathna, who is a member of the Collegium, and requested her to ensure that judges who act with honesty and courage are protected and not victimised for doing the right thing.
He said,
“My appeal to you as a member of the Collegium is to rise to the occasion to stand by and protect these judges who act, as you have stated in that particular lecture,”
he said.
Justice Datta was referring to a recent speech delivered by Justice Nagarathna where she had said that judges must always follow their oath and should not be afraid of consequences, even if their decisions affect their career or displease people in power.
Justice Nagarathna had earlier said,
“We, as Judges, should always follow our oath of office which is our judicial Dharma and live up to it irrespective of its consequences on our career,”
justice Nagarathna had said at the event earlier this month.
During his speech, Justice Datta also referred to Dr. BR Ambedkar and said that any institution, including the Constitution and the Collegium system, depends on the people who run it. He explained that even the best system will not work properly if the people implementing it do not act with integrity and honesty. According to him, the success of the Collegium system depends on the decisions and character of the judges who are part of it.
Both Justice Datta and Justice Nagarathna also spoke about the criticism faced by the judiciary, especially regarding court vacations. They clarified that people have a misunderstanding that judges do not work during vacations.
Justice Nagarathna said,
“From morning to evening judges adjudicate cases. When they get holidays or vacations, they use it to write judgments and not to take LTC (leave travel concession) to go here and there,”
justice Nagarathna said.
Justice Datta also supported this point and said that many people criticise judges without understanding how demanding a judge’s life actually is. He said judges work continuously and the workload should not become so extreme that it affects justice delivery.
He said,
“We are there to serve the nation. But that does not mean that you stretch the judges to the extent that there remains a risk of an indiscretion that will result in injustice. Please have some mercy on the judges,”
he said.
The two-day national conference includes sessions from Chief Justice of India Surya Kant, along with several Supreme Court and High Court judges, senior law officers, advocates, and bureaucrats. The conference is focused on discussing judicial governance, judicial independence, workload of judges, and the functioning of the Collegium system.
Justice Datta’s remarks are significant because they highlight an important issue within the judiciary — whether judges who make bold and honest decisions are adequately protected by the system. His statement also raises a larger question about judicial independence, accountability, and the internal functioning of the Collegium system, which is responsible for the appointment and transfer of judges in higher judiciary.
His speech has once again started a discussion on judicial reforms, transparency in the Collegium system, and the need to ensure that honest judges are not penalised for their integrity. The remarks also aim to remind the legal community and the public that the judiciary works under immense pressure and that judges continue to work even during court vacations by writing judgments and handling pending work.
Overall, the statements made by Justice Dipankar Datta and Justice BV Nagarathna highlight the importance of judicial ethics, institutional support, and the need to protect judicial independence in order to maintain public trust in the justice system.
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