New Delhi/Bengaluru, March 23 Supreme Court Judge Justice Ujjal Bhuyan has asserted that the goal of a developed India by 2047 cannot be achieved through the criminalization of dissent, mindless arrests under the anti-terror law UAPA, and "deep social fault lines."
Speaking at the first national conference of the Supreme Court Bar Association (SCBA) in Bengaluru on Sunday, Justice Bhuyan also lamented the poor representation of women in the higher judiciary. He contrasted this with the figure of more than 50 per cent women holding positions as judicial officers in district courts across the country.
"But has this been replicated in constitutional courts? That is the question. That is where the scrutiny of the collegium system comes in. Why, when the assessment becomes subjective, do women not make the grade? Out of the 287 Supreme Court judges since 1950, we had a total of only 11 women judges. Why? Starting with Fathima Beevi and now Justice Nagarathna, it is only about two per cent," Justice Bhuyan said.
He said that according to the collegium's subjective assessment criteria, only a minuscule number are selected as judges of high courts and the Supreme Court.
Raising serious concerns over the application of the Unlawful Activities (Prevention) Act (UAPA), he referred to data from 2019 to 2023 and said a truly developed nation must prioritize constitutional values over political slogans.
"Low convictions under UAPA show overuse, if not misuse, of the law," he said. Presenting data from 2019 to 2023 of people arrested under the UAPA, he said thousands were arrested, but the conviction rate is around five per cent.
"This consistently shows a low conviction rate. What does it indicate – overuse, if not misuse – and its impact on the criminal justice system. How much burden does it put on courts? This shows that the vast majority were arrested but could not be convicted. This indicates that many arrests were premature and unsupported by sufficient evidence," the judge said.
On the low representation of women in the higher judiciary, he said they made up only 14 per cent of high court judges.
"In the 25 High Courts, we have only two women Chief Justices (CJs) – Gujarat and Meghalaya. One more will become CJ in a month's time. That is also highly inadequate, three out of 25 High Courts," he said.
"My research shows that whenever the recruitment process is objective, more women enter the judicial space. When India becomes a developed nation (Viksit Bharat by 2047), there should be more parity in gender representation in the judiciary. The Supreme Court must be a rainbow institution, truly reflecting the diversity of the nation," he said.
"My model of Viksit Bharat is equal distribution of wealth and the disappearance of acute disparity... which is also the goal set in the directive principles of state policies in the Constitution," he said, adding that in a developed India, "the judiciary must remain independent and it cannot be an eternal critic or a cheerleader."
He said that in developed countries, there should be more room for debate and dissent.
"Debate should not be criminalized. There should be more tolerance towards diverse views. Divergent views should be respected. There should be more tolerance towards diverse views and criticism," he said.
On societal imbalances, he said, "There are deep social fault lines. Viksit Bharat cannot countenance such fault lines."
"Parents cannot insist that their children will not have food prepared by a Dalit woman. That cannot be a Viksit Bharat model. We cannot have Viksit Bharat when Dalit people are made to stand in the corridor and people urinate on them. This cannot be the model of development. Respect for the individual must be protected," he said.
Former Chief Justice B R Gavai said that there were many verdicts that said if the name of a person recommended for judgeship in a high court was returned for reconsideration by the government and reiterated by the collegium, the government had no option but to appoint them.
"But there are many instances where even after repeated reiterations, the persons have not been appointed," he lamented.
