Supreme Court Justice Manmohan said High Court judges cannot work independently if they are under constant fear of transfers. He called for a detailed review of the collegium system and raised concerns over government litigation and panel lawyer appointments.
High Court judges cannot work freely and effectively if they are constantly worried about being transferred, Supreme Court Justice Manmohan said on Saturday. He explained that such fear affects the independence of the judiciary and also impacts the confidence with which judges perform their duties. He said the issue needs serious discussion, especially regarding the collegium system that handles appointments and transfers of judges.
Justice Manmohan said,
“A High Court judge can only function when he has full power and full authority. He cannot be scared of a transfer,”
and stressed that fear of transfer can weaken the functioning of judges and the justice delivery system. He was speaking at the National Conference organised by the Supreme Court Bar Association (SCBA) on the theme
“Reimagining Judicial Governance: Strengthening Institutions for Democratic Justice”.
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During his speech, he also said that the collegium system should be openly discussed and examined in detail.
“I think we need to debate the collegium system threadbare,”
he said.
He further explained that judicial authority must come with security of tenure, and without stability, judges may not be able to function independently and confidently. He added,
“You cannot emasculate a High Court judge by putting the fear of transfer at him.”
Justice Manmohan also spoke about the trust deficit in the judicial appointments process. He questioned why recommendations made by High Court Chief Justices are subjected to multiple levels of scrutiny and debate. According to him, this shows a lack of trust within the system, which ultimately harms the judiciary.
He said,
“If the Chief Justice of a State has recommended one person as a judge, why should there be any debate about that name? This mistrust in the system is costing us dearly,”
he opined.
The judge also raised concerns about the quality of assistance available to courts, especially from government lawyers. He questioned whether government panel lawyers are appointed based on merit or other considerations.
He said,
“Are panel counsels being recruited on actual merit? Whether it is A party or B party or C… the panel lawyers are virtually recruited on party lines, unfortunately,”
the judge lamented.
He explained that when courts do not receive proper assistance from lawyers in complex matters, judges are often forced to do their own research, which increases their workload and slows down the justice process.
Justice Manmohan also criticised the government for being the biggest litigant in the country and said that many government appeals are filed not because they are legally necessary, but because officers are afraid of future scrutiny.
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He explained that even when government officers believe that an appeal is not required, they still file appeals to protect themselves from possible action by investigative agencies. This defensive litigation unnecessarily increases the burden on courts and leads to delays in justice delivery.
Overall, Justice Manmohan highlighted serious structural issues in the judicial system, including fear of transfers, lack of trust in the appointments process, poor quality of government legal assistance, and excessive government litigation. He emphasized that these issues must be addressed if the judiciary is to remain independent, strong, and capable of delivering justice efficiently.
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