New Delhi, Dec 1O, 2022, the Supreme Court of India dismissed a plea seeking a copy of decisions taken by its Collegium on December 12, 2018, stating that no final decision was taken that day and, therefore, discussions which are part of a consultative process cannot be released into the public domain.
“Some discussions might have taken place. But unless and until a final decision is taken after due consultation, and on the basis of such a final decision a final resolution is drawn, whatever discussions had taken place cannot be said to be a final decision of the Collegium. The actual resolution passed by the Collegium only can be said to be a final decision of the Collegium and till then at the most, it can be referred to as a tentative decision during the consultation,” the bench consisting of Justices M R Shah and C T Ravikumar said.
In her plea seeking a copy of the decisions, RTI activist Anjali Bhardwaj had cited a media interview by Justice (retired) Madan B Lokur, who was a member of the Collegium at the relevant time, to contend that the December 12, 2018 meeting had finalised recommending elevation of two High Court Chief Justices to the Supreme Court, but it was changed following his retirement.
Dismissing the plea, the bench noted that “a final decision is taken by the Collegium only after due consultation. During the consultation, if some discussion takes place but no final decision is taken and no resolution is drawn, it cannot be said that any final decision has been taken by the Collegium” which, it highlighted, is a multi-member body whose decision is embodied in the resolution that may be formally drawn up and signed.
