New Delhi/Bengaluru

Justice Ujjal Bhuyan has cautioned that the vision of a “Viksit Bharat” by 2047 cannot be realised through the suppression of dissent, indiscriminate arrests under anti-terror laws, or persistent social inequalities.

Addressing the first national conference of the Supreme Court Bar Association in Bengaluru, the Supreme Court judge raised concerns over the application of the Unlawful Activities (Prevention) Act (UAPA), pointing to data between 2019 and 2023 that shows a large number of arrests but a conviction rate of only around five per cent.

He said the consistently low conviction rate suggests overuse, if not misuse, of the law, placing a heavy burden on the criminal justice system. According to him, many arrests appear premature and lack sufficient supporting evidence, highlighting the need to uphold constitutional values over political narratives.

Justice Bhuyan also expressed concern over the limited representation of women in higher judiciary. While women account for over half of judicial officers at the district level, their presence in constitutional courts remains disproportionately low. Out of 287 judges appointed to the Supreme Court since 1950, only 11 have been women—beginning with Fathima Beevi and including Justice B V Nagarathna.

He noted that women currently make up only about 14 per cent of judges in high courts, with just two women serving as chief justices across 25 high courts, a figure expected to rise to three shortly. He questioned whether the collegium system’s subjective assessment processes contribute to this imbalance.

Highlighting the need for reform, Justice Bhuyan observed that more objective selection processes tend to result in greater inclusion of women. He stressed that a developed India must ensure gender parity in the judiciary and described the Supreme Court as needing to evolve into a “rainbow institution” that reflects the country’s diversity.

Outlining his vision of a developed nation, he called for equitable distribution of wealth and the elimination of stark social disparities, in line with the Directive Principles of State Policy. He emphasised that the judiciary must remain independent—neither an “eternal critic” nor a “cheerleader”.

The judge also underscored the importance of protecting freedom of expression, stating that debate and dissent should not be criminalised. He called for greater tolerance of differing views and constructive criticism in a democratic society.

On social inequalities, he pointed to continuing caste-based discrimination, saying such practices are incompatible with the idea of a developed India. Respect for individual dignity, he said, must be central to national progress.

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Meanwhile, former Chief Justice of India B R Gavai highlighted concerns regarding judicial appointments. He noted that despite clear judicial precedents stating that the government must appoint candidates whose names are reiterated by the collegium, there have been instances where such recommendations were not acted upon.