Guwahati: Supreme Court judge Justice Ujjal Bhuyan said on Saturday that the transfer of judges is solely an internal judicial matter, and the government has no role in the process. He made the remarks while delivering the G V Pandit Memorial Lecture at ILS Law College.
Justice Bhuyan stated that transfers are always aimed at improving the administration of justice and are entirely decided within the judiciary. “The Centre cannot intervene in the posting or transfer of judges. It cannot dictate where a judge should or should not be transferred,” he said.
Stressing the critical importance of judicial independence, he described it as “non-negotiable” and essential for maintaining the judiciary’s legitimacy and relevance. “Members of the judiciary themselves must ensure that this independence is preserved at all costs,” Justice Bhuyan added.
The judge also stressed that credibility is vital for the judiciary. “Without credibility, the institution loses its essence. Judges and courts may exist, but their core authority and public trust will vanish,” he said.
Justice Bhuyan pointed out that India’s founding leaders prioritized the supremacy of the Constitution over the sovereignty of Parliament. “Parliament is not supreme in India; the Constitution is,” he noted. He explained that this approach was designed to ensure governance based on fundamental principles and to prevent unchecked powers, a lesson drawn from India’s colonial experience.
He further stressed the importance of constitutional morality, saying it requires those in positions of authority to exercise restraint and uphold the values of liberty and justice rather than relying on numbers or power.
Justice Bhuyan noted that following constitutional principles ensures governance is guided by the rule of law rather than individual whims or majority pressure, and that an independent judiciary remains central to India’s democracy.