Justice Dipankar Datta flags instances where SC Collegium failed to protect upright judges

Supreme Court judge Justice Dipankar Datta on Saturday (March 21) said that the apex court’s Collegium has, in the past, failed to protect courageous and righteous judges, adding that such instances may result in judges getting discouraged from making ethics rather than their career as their top priority.

Ethics versus career advancement

Elaborating further, Justice Datta asked, currently, how many judges would prioritise ethics over career, adding that many judges had the determination to take the hit for the greater good.

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"Many judges have had the mental courage and conviction to take the hit for the greater good. However, how many judges in present times would prioritise ethics over career growth? Do you expect them to have the rectitude to practice what is preached? It is a bitter pill to swallow,” said Justice Datta.

“There have been instances in the past where those who followed this statement were not protected by the Collegium by ensuring that they are not victimised for their righteousness,” he added as quoted by Live Law.

Call to protect judges taking unpopular decisions

Addressing the first Supreme Court Bar Association National Conference' 2026 on 'Reimaging Judicial Governance', he urged Justice BV Nagarathna, who was there on the dais and who is a member of the Collegium, to protect the judges who, as she said in an earlier lecture, have taken “unpopular decisions” affecting their career.

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"Even if judges know that unpopular decisions may cost them elevation, extension, or bring them into the bad books of the powers that be. That should not come in the way of their decisions. Ultimately, it is the conviction, courage and independence of each judge which really matters. We, as Judges, should always follow our oath of office, which is our judicial Dharma and live up to it irrespective of its consequences on our career,” Justice Nagarathna had said at a recent event.

On the Collegium system’s effectiveness

Asking why people say that the collegium system has failed, Justice Datta wondered what Dr BR Ambedkar would have said about it if the system had existed in the original Constitution from the beginning.

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"However good a Constitution may be, if those who are implementing it are not good, it will prove to be bad. However bad a Constitution may be, if those implementing it are good, it will prove to be good," said Justice Datta, quoting Ambedkar.

Need for transparent evaluation

"The deciding factor should be a fair and objective consideration based strictly on the materials on record. Decisions should be grounded in judgments delivered, reported cases, professional evaluations, written work and documented conduct. And last thing, the second bullet point is also very important. Personal affiliations, social proximity, lobbying, informal recommendations or perceived closeness to those in power, judicial, political or otherwise must be excluded,” he said.