38.6c New Delhi, India, Wednesday, August 27, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

SC asks HP HC Collegium to reconsider two district judges for elevation as HC judges [Read Judgment]

By Jhanak Sharma      09 September, 2024 12:09 PM      0 Comments
SC asks HP HC Collegium to reconsider two district judges for elevation as HC judges

NEW DELHI: In a judgment, the Supreme Court on Friday ruled that the High Court Chief Justice cannot not individually reject a judicial officer's candidature for appointment as HC Judge.

The HC CJ cannot reconsider a recommendation and it can be done by the High Court Collegium collectively.

A bench of Justices Hrishikesh Roy and Prashant Kumar Mishra held that 'lack of effective consultation’ and ‘eligibility’ falls within the scope of judicial review. However, ‘suitability’ is non-justiciable and resultingly, the ‘content of consultation’ falls beyond the scope of judicial review.

The court asked the Himachal HC Collegium led by CJ to consider the names of two district judges -- Chirag Bhanu Singh and Arvind Malhotra -- for selection as HC judges, in terms of SC Collegium's recommendation of January 4, 2024 and the Law Minister's letter of January 16, 2024.

Their names were referred to HC by the SC Collegium for reconsideration, but HC Collegium has not considered it.

The court found the decision communicated by the Chief Justice of the High Court by a letter of March 6, 2024 "appears to be an individual decision" and is "vitiated both procedurally and substantially".

"There was no collective consultation and deliberations by the members of the High Court Collegium," the bench said.

The bench also relied upon the Supreme Court's judgements including 'Supreme Court Advocates-on-Record Association Vs Union of India' (1993) (Second Judges Case), to hold two judges' writ petition questioning their non consideration for elevation of the High Court judges as maintainable.

"The absence of consultation amongst the members of the Collegium would be within the limited purview of judicial review," the bench said.

"The process of judicial appointments to a superior court is not the prerogative of a single individual. Instead, it is a collaborative and participatory process involving all Collegium members," the bench said.

The court did not agree to a contention by senior advocate S Muralidhar, appearing for the HP High Court that Chief Justice of the High Court can individually reconsider a candidate based on how resolutions are worded.

The court said the language of resolution by itself cannot be understood as permitting the Chief Justice of the High Court to act on his own, in matters of recommendation or even reconsideration, for elevation to the High Court.

"The underlying principle is that the process of appointment of judges must reflect the collective wisdom that draws from diverse perspectives. Such a process ensures that principles of transparency and accountability are maintained," the bench said.

It was contended a letter was written by one of the petitioners to the CJI with objectionable remarks directed at the Supreme Court Collegium.

The bench, however, said, it is definitely an expression of hurt by the judicial officer, but will not bring the letter into the contemptuous category.

"There is also a need to protect certain sensitive information in matters involving appointment of judges. While transparency is necessary to ensure fairness and accountability, it must be carefully balanced with the need to maintain confidentiality. Disclosing sensitive information would compromise not only the privacy of the individual but also the integrity of the process," the bench said.

The HP HC by registrar general had submitted its response in a "sealed cover" to the Supreme Court, defending the decision of the Chief Justice.

 [Read Judgment]



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS

sc-sets-up-sit-on-allegations-against-anant-ambani-vantara
Trending CelebStreet
SC sets up SIT on allegations against Anant Ambani's Vantara [Read Order]

SC forms SIT led by ex-judge J Chelameswar to probe allegations of illegal animal acquisition, mistreatment & financial irregularities at Anant Ambani’s Vantara.

26 August, 2025 01:57 PM
sc-deplores-high-courts-for-delaying-judgments-over-a-year
Trending Judiciary
SC Deplores High Courts for Delaying Judgments Over a Year [Read Judgment]

SC slams delay: Supreme Court deplores HCs for not delivering judgments for over a year after reserving cases, eroding faith in justice.

26 August, 2025 05:17 PM

TOP STORIES

setback-for-wb-govt-sc-dismisses-review-petition-in-teachers-recruitment-scam-case
Trending Judiciary
'Setback for WB govt,' SC dismisses review petition in teachers’ recruitment scam case [Read Order]

SC dismisses WB govt’s review plea in teachers’ recruitment scam; upholds invalidation of 25,753 tainted appointments to protect selection purity.

21 August, 2025 02:09 PM
sc-dismisses-plea-against-suspension-of-toll-collection-due-to-poor-road-upkeep-long-traffic-jam
Trending Judiciary
SC dismisses plea against suspension of toll collection due to poor road upkeep, long traffic jam [Read Order]

SC upholds Kerala HC order halting toll at Paliyekkara over poor highway upkeep, traffic jams, citing citizens’ plight, fuel wastage & environment.

21 August, 2025 02:47 PM
caste-abuse-at-home-doesnt-attract-scst-act-applicable-only-in-public-view-telangana-hc
Trending Judiciary
Caste Abuse at Home Doesn’t Attract SC/ST Act, Applicable Only in ‘Public View’: Telangana HC [Read Order]

Telangana HC quashes SC/ST Act case in marital dispute, ruling caste abuse at home doesn’t qualify—Act applies only in ‘public view’.

21 August, 2025 02:55 PM
sc-raises-alimony-from-rs-15-lakh-to-rs-50-lakh-for-m-tech-wife-as-doctor-husband-got-capacity-to-pay
Trending Judiciary
SC raises alimony from Rs 15 lakh to Rs 50 lakh for M Tech wife as doctor husband got capacity to pay [Read Judgment]

SC enhances alimony to ₹50 lakh for M Tech wife, stressing balance between doctor husband’s capacity to pay and wife’s needs.

21 August, 2025 03:32 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email