Indian judicial experts debate propriety and institutional independence

Former Chief Justice of India B R Gavai and retired judges have criticized Supreme Court Justice Ujjal Bhuyan for making public remarks regarding the Special Intensive Revision (SIR) of electoral rolls. Justice Bhuyan, speaking at a memorial moot court competition, suggested that any process resulting in millions losing voting rights would be “intrinsically arbitrary.” Critics, including former CJI Gavai, argued that such comments violate judicial propriety because the matter is currently sub judice before the Supreme Court.

Separately, former Supreme Court Justice Rohinton Nariman addressed the ongoing debate over the Collegium system used for judicial appointments. While acknowledging valid criticisms of the current system, Nariman warned that returning appointment powers to the government would compromise judicial independence. He also expressed concern regarding the decline of constitutional institutions and cited perceived damage to the Election Commission of India as a warning against increased executive control.