Introduction:
- The Supreme Court recently directed the Himachal Pradesh High Court collegium to reconsider the names of two judicial officers initially recommended for elevation to the Bench 21 months ago.
- This direction followed a petition by the affected individuals after the High Court collegium recommended two other names for judgeship earlier this year.
- Historically, the Supreme Court has imposed strict limitations on its ability to intervene in High Court collegium decisions related to the appointment of judges, reinforcing the autonomy of the judiciary in such matters.
Body:
Appointment Procedure for High Court Judges:
- The appointment and transfer of judges of the Supreme Court and High Courts are governed by the collegium system, established by the Supreme Court in the Second Judges Case (1993). This system ensures that the judiciary retains control over appointments.
- The collegium’s recommendations are binding on the central government, limiting its role to delays rather than rejections.
- The Third Judges Case (1998) clarified the functioning of the collegium system, with a three-member collegium, comprising the Chief Justice of India (CJI) and the two seniormost judges of the Supreme Court, responsible for High Court appointments.
- The system mandates consultation with the Chief Justice and senior judges of the concerned High Court as well as any Supreme Court judge with relevant knowledge about the High Court in question.
Grounds for Challenging Appointments:
Challenges to the collegium’s recommendations are limited to two key areas:
- Lack of effective consultation with necessary individuals or bodies.
- Ineligibility of the candidate as outlined in Articles 217 (High Court) and 124 (Supreme Court) of the Constitution.
Memorandum of Procedure (MoP):
- Following the Third Judges Case, a Memorandum of Procedure (MoP) was adopted in 1998, outlining the steps for appointing High Court judges.
- The High Court collegium, consisting of the Chief Justice and two senior judges of the High Court, sends recommendations to the Chief Minister, Governor, and CJI.
- The proposal is forwarded to the Law and Justice Ministry, which conducts a background check and submits the findings to the CJI for final consideration by the Supreme Court collegium.
Conclusion:
The Supreme Court examined whether the Himachal Pradesh High Court followed the correct process of “effective consultation” in line with the collegium system before revisiting the names of the judicial officers.
The ruling reinforced the limited scope within which the judiciary can intervene in High Court appointment matters, focusing on procedural correctness rather than the suitability or merit of candidates.
The case highlights the balance between judicial independence and adherence to constitutional guidelines in the appointment of High Court judges in India, upholding the sanctity of the collegium system established through past judgments.