In a significant move, the Union government has processed the appointment of eight new high court chief justices, responding to the Supreme Court’s strong assertion regarding the constitutional weight of the collegium’s recommendations. This announcement comes just a day after the Supreme Court emphasized that the collegium’s suggestions are binding under the Constitution, not mere proposals.
Among the appointed justices, Justice Manmohan, currently acting as chief justice of the Delhi High Court, has been promoted to the chief justice of the same court. Justice Rajiv Shakdher, also from the Delhi High Court, will now lead the Himachal Pradesh High Court, while Justice Suresh Kumar Kait will take charge as the chief justice of the Madhya Pradesh High Court. Additional appointments include Justice Indra Prasanna Mukerji to the Meghalaya High Court, Justice Nitin Madhukar Jamdar to the Kerala High Court, and Justice Tashi Rabstan to head the Jammu & Kashmir and Ladakh High Court. Justice KR Shriram has been appointed chief justice of the Madras High Court, and Justice MS Ramachandra Rao will now serve as chief justice of the Jharkhand High Court.
Union Law Minister Arjun Ram Meghwal announced these appointments on social media, highlighting the context of ongoing tensions regarding delays in judicial appointments. The Supreme Court collegium had recommended the new chief justices on September 17, superseding earlier recommendations that had been pending for over two months.
During a recent session, Chief Justice of India Dhananjaya Y Chandrachud addressed Attorney General R. Venkataramani, directing him to present a detailed account of candidates whose names had been reiterated by the collegium but not yet cleared by the government. The bench reiterated that the collegium’s recommendations hold constitutional importance, differentiating them from those made by search committees, which do not carry the same binding authority.
This latest development highlights the judiciary’s increasing scrutiny over the executive’s handling of judicial appointments, particularly in light of past landmark judgments, including the Second Judges Case of 1993, which established that reiterated recommendations by the collegium are binding on the government. The friction between the judiciary and the executive over judicial appointments has been a recurring issue, especially since the Supreme Court struck down the National Judicial Appointments Commission (NJAC) Act in 2015, citing concerns over judicial independence.
As the government moves forward with these appointments, the ongoing dialogue about transparency and expediency in the judicial appointment process remains crucial to maintaining the integrity of India’s legal system.
Sources By Agencies