Justice Madan B Lokur criticizes the Supreme Court Collegium and government for arbitrary transfers, stating judges are being shifted “left and right without any reason,” raising transparency concerns.
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NEW DELHI: Former Supreme Court judge Justice Madan B Lokur highlighted concerns surrounding morality and transparency within the Indian judiciary. Speaking at an event organised by The Global Jurists titled ‘Morality in Judiciary: A Paradigm or a Paradox’, Justice Lokur offered a candid critique of the current judicial climate, focusing on executive interference, opaque appointment procedures, politicization post-retirement, and issues of judicial accountability.
Justice Lokur minced no words in asserting that the executive has considerably interfered with the judicial appointment process. Despite the Memorandum of Procedure (MoP) being finalised in consultation with the Government of India, its implementation remains riddled with hurdles.
“You can appoint some person in the beginning, and a senior person can be kept pending… so that he or she loses the seniority — and this is what is happening.”
He added,
“Outstanding advocates who should have been appointed are not being appointed.”
He warned of a subtle yet dangerous manipulation where meritorious candidates are overlooked, not because of incompetence, but due to their rulings in “a few cases” which may have discomfited the establishment.
The theme of Justice Lokur’s speech was the lack of transparency, not only within the Collegium system but also in the government’s role in judicial appointments. He called for deliberative reform to remove the cloud of secrecy that surrounds the selection and elevation of judges.
One of the most controversial aspects touched upon was the post-retirement appointments of judges. Justice Lokur expressed serious concern over former Chief Justices and Supreme Court judges being “rewarded” with political positions, including seats in the Rajya Sabha and gubernatorial roles.
“We have had judges who retired and joined politics immediately after. One even resigned while sitting and got elected as an MP.”
This, he suggested, compromises the independence of the judiciary and raises ethical red flags, undermining public faith in judicial neutrality.
Citing the transfer of Justice S Muralidhar following his strong orders during the Delhi riots of 2020, Justice Lokur expressed concern over the increasing number of arbitrary judicial transfers.
“Judges are being transferred left and right without any reason.”
He suggested that these transfers often appear retaliatory, signaling deeper issues in the judicial ecosystem that merit institutional safeguards.
Justice Lokur emphasized the quality and accessibility of judicial writing. He noted that some judgments are so obscurely worded that “even judges and lawyers cannot understand them.” This dilutes the efficacy of justice delivery and undermines public accessibility to court verdicts.
For the first time in Indian history, two impeachment motions are pending against sitting judges, a development Justice Lokur called unprecedented and alarming. This, he argued, necessitates greater scrutiny during appointments and robust internal mechanisms to ensure judicial integrity while judges serve on the bench.
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