The Supreme Court told courts across the country to maintain transparency in the Collegium regarding the recruitment of judges

New Delhi: The Supreme Court has asked the Himachal Pradesh High Court Collegium to reconsider the names of two senior district judges for promotion as High Court judges. The Supreme Court said that the Chief Justice of the High Court cannot consider this individually, rather it should be considered collectively by the Collegium. The Supreme Court has given this decision on the petition of two judges of the District and Sessions Court.

‘The Collegium did not consult and deliberate’
In the case, both the senior judges had filed a petition in the Supreme Court alleging that the High Court Collegium did not consider their merit and seniority for selection as High Court Judge. The Supreme Court has said that collective consultation and discussion was not done by the Collegium. The High Court Collegium should reconsider the names of Judge Chirag Bhanu Singh and Judge Arvind Malhotra for promotion to the High Court.

‘Judicial appointment is no one’s prerogative’The Supreme Court said that the process of judicial appointment in a High Court is not the prerogative of any individual. The bench said, ‘The decision of the Chief Justice of the High Court on the suitability of both the petitioners, as stated in his/her letter dated March 6, 2024, appears to be a personal decision. Therefore, it is flawed both procedurally and substantively.’ Citing previous decisions of the Supreme Court, the bench said that it has been emphasized that collaborative deliberation brings transparency in the process, as decisions are discussed, debated and recorded. This increases public confidence in the judiciary, as it shows that appointments are being made after thorough deliberation.