Former Supreme Court Judge A S Oka Advocates for Transparency in Collegium Dissent Process

Former Supreme Court judge A S Oka highlights the importance of transparency in the collegium process, particularly regarding dissenting opinions from judges. His remarks come after recent appointments amidst concerns raised by Justice B V Nagarathna.

Former Supreme Court judge A S Oka has called for transparency in the judicial appointment process. This follows the elevation of two high court chief justices to the Supreme Court, despite Justice B V Nagarathna's dissent. Oka emphasised the need to understand the reasons behind such dissent. He was speaking at the launch of "InComplete Justice? The Supreme Court at 75", edited by former Chief Justice of Orissa High Court S Muralidhar.

Justice Oka addressed concerns about the collegium's secretive operations during a panel discussion with justices Muralidhar and political scientist Gopal Guru. Senior advocate Indira Jaising questioned the criteria for selecting future Chief Justices of India, especially given the dissent from the sole woman judge on the Supreme Court. Oka acknowledged the importance of transparency but highlighted challenges in balancing it with privacy.

Transparency and Privacy Concerns

Oka explained that making collegium deliberations public could compromise the privacy of lawyers considered for elevation. If discussions and minutes are disclosed, it might affect those who consented to be evaluated but were not recommended. "If 10 or 15 lawyers are considered and only some are recommended, their privacy must be respected," he noted.

The former Karnataka High Court chief justice also pointed out that publicising these matters would expose individuals' financial details, such as their salaries over the past three years. He stressed that a balance between transparency and privacy is essential in this context.

Dissent and Collegium Recommendations

On August 25, a five-member collegium led by CJI B R Gavai recommended Bombay High Court Chief Justice Alok Aradhe and Justice Pancholi for elevation. If appointed, Pancholi could become CJI in October 2031 after Justice Joymalya Bagchi retires. However, Nagarathna opposed this recommendation due to Pancholi's lower seniority and concerns over his transfer from Gujarat to Patna High Court in July 2023.

Nagarathna argued that Pancholi's transfer was not routine but carefully considered after extensive consultations. She also raised issues about regional imbalance in Supreme Court representation. Oka agreed that understanding the reasons behind such dissent is crucial for transparency.

Debate on Judicial Transparency

Justice Oka expressed support for public debate on judicial transparency, acknowledging its complexities. He said, "We need a lot of thinking about it because there are a lot of pros and cons about it." He emphasised that transparency should extend from high court collegiums to government processes.

The book "InComplete Justice? The Supreme Court at 75" features essays and interviews from notable legal figures like former Delhi High Court chief justice Ajit Prakash Shah and legal scholars Faizan Mustafa and Upendra Baxi. It aims to foster dialogue on the Supreme Court's evolving role while striving for equal and fair justice.

The authors critically explore how the Supreme Court can maintain its legitimacy amid challenges. They aim to deepen public understanding of these issues through meaningful dialogue. The book is published by Juggernaut and includes contributions from senior lawyers Vrinda Grover, Nitya Ramakrishnan, Indira Jaising, and former Supreme Court judge Madan Lokur.

With inputs from PTI