On 25-09-2024, Justice Rajiv Shakdher, former Judge of Delhi High Court, took oath of office as 29th Chief Justice of Himachal Pradesh High Court. He has taken over the reins of the High Court after Justice M.S Ramachandra Rao was transferred as Jharkhand High Court’s new Chief Justice. Justice Shakdher was sworn in by the Governor of Himachal Pradesh, Shiv Pratap Shukla.
Elevation and Appointment as Chief Justice
The Supreme Court Collegium via its Resolution dated 11-7-2024, had recommended the elevation of Justice Shakdher as Chief Justice of Himachal Pradesh High Court. However, the recommendation remained pending for 2 months.
The Collegium on 17-9-2024, raised the issue of pending recommendation dated 11-7-2024. Around the same time, the 3-Judge Bench of Dr DY Chandrachud, CJI, JB Pardiwala and Manoj Misra JJ., on 20-9-2024, directed the Attorney General for India to provide a chart of candidates whose names have been reiterated by the Supreme Court Collegium for appointment as Judges. The Court further directed the AGI to provide the reasons for not clearing these appointments.
Finally, on 21-9-2024, the Ministry of Law and Justice confirmed the appointment of Justice Rajiv Shakdher as Chief Justice of Himachal Pradesh High Court1.
Justice Shakdher will perform the duties of Chief Justice till his retirement on 18-10-2024; that is to say, he will have a tenure of approximately 24 days. The Supreme Court Collegium has already recommended the name of Justice GS Sandhawalia, who will take over as Chief Justice after Justice Shakdher retires on 18-10-2024.
Know Thy Judge
Justice Rajiv Shakdher was born on 19-10-1962. He studied in St. Columba’s School, Delhi and graduated in B.Com. (Hons.) from Delhi University in 1984. Having obtained LL.B. degree from Law Faculty, University of Delhi in 1987, Justice Shakdher enrolled as an Advocate on 19-11-1987.
Justice Shakdher also completed Chartered Accountancy from Institute of Chartered Accountants of India in 1987. He was admitted as an Associate Member with the Institute of Chartered Accountants of India on 29-11-1988.
Justice Shakdher has also pursued Advanced Course of Law at Institute of Advanced Legal Studies from University of London in 1994. He was designated as Senior Advocate on 8-12-2005.
Justice Rajiv Shakdher was appointed as a Judge of Delhi High Court on 11-4-2008 and ranks at Sl. No 4 in the All-India Seniority list of High Court Judges. He is one of the seniormost Judges in the country.
Justice Rajiv Shakdher is known among the legal fraternity for his keen insights. While speaking at the book release of “OBSCENITY: Prevention, Law & Practice” by Saurabh Bindal, said that in India test of community standards is prevailing. The social views of judges play an important role when deciding cases relating to obscenity. The difficulty the judges face is how to apply the tests to certain facts”. He further added that “vulgar is not always the test for obscene. Everything that is vulgar is not always obscene”.
However, its not always law and order on his mind, as Justice Rajiv Shakdher has also quite often displayed a keen sense of humour, which has been immortalized by Delhi High Court’s latest feature Humour in Court that features the “Story of an Asterix”, narrating a lighthearted banter between a Senior Judge and a Senior Advocate.
While addressing the gathering for his farewell organised by Delhi High Court on 24-9-2024, Justice Rajiv Shakdher emphasised how judges can unshackle the entrenched system of social biases. He also left a message for the less privileged, adding that judges have to net the ball as people watch them silently and evaluate them. “To the unentitled, you may be unconnected, uninitiated and untrained but if you have fire in your belly, you can unshackle the entrenched system biases of caste, creed and economics. You have to learn to march to the tune of your own drummer. The trouble only is when there are two drummers sitting on the bench, then we need a symphony,”2
1. https://cdnbbsr.s3waas.gov.in/s35d6646aad9bcc0be55b2c82f69750387/uploads/2024/09/20240921971012931.pdf
2. https://indianexpress.com/article/cities/delhi/if-you-have-fire-in-your-belly-can-unshackle-entrenched-biases-justice-rajiv-shakdher-9586520/
