Analysing the Supreme Court’s judgment on sex work

Supreme Court Judge Ujjal Bhuyan expressed concern on August 1st, 2026 that the Collegium's secretive nature in selecting judicial appointments risks appointing individuals with unconstitutional or derogatory remarks. He cited a former Allahabad High Court Judge's reference to a minority community as 'ants' as an example of this issue.

Bhuyan argued that the lack of reasons provided for Collegium recommendations keeps the public unaware of the accomplishments of deserving candidates. The lack of transparency in the process has been a recent development, according to Bhuyan, as he noted that deliberations over judge elevations and transfers remain confidential and reasons for rejection or deferral are rarely disclosed.

The Memorandum of Procedure (MoP) for appointing and transferring judges to the Supreme Court and High Courts is based on a series of Supreme Court decisions known as the Three Judges Cases, which established the Collegium system. In 2015, following the Supreme Court's rejection of the National Judicial Appointments Commission, the court called for revamping the MoP to increase transparency and accountability, but the process remains unresolved.

Bhuyan highlighted a July 24 order enforcing a fine line between livestreaming court proceedings and preventing misuse or commercial exploitation. The court emphasized that livestreaming is essential for open justice to maintain public trust in the judiciary.