Case BriefsSupreme Court

Supreme Court: Taking note of the existing 220 vacancies in the High Courts, the 3-judge bench of SA Bobe, CJ and SK Kaul and Surya Kant, JJ stressed upon the importance of the Chief Justices of the High Courts making recommendations in time and said that there is no such impediment to initiate a new process without waiting for the result of the earlier recommendations.

The Court noted that the vacancies are known and the norms permit making recommendations up to six months in advance. However, even recommendations for 220 existing vacancies appear not to have been made much less for vacancies, which are going to arise in the next six months.

We, thus, once again, emphasise the requirement and desirability of the Chief Justices of the High Courts, who will make endeavour to recommend vacancies as early as possible even if they are not made at one go. We may add that even in the earlier orders we have noted the apparent hesitation of some High Courts to recommend names when the earlier list(s) is in the pipeline. We have opined that there is no such impediment to initiate a new process without waiting for the result of the earlier recommendations.

The pendency at the end of the Government: 

  • 45 names recommended from the High Courts pending with the Government for more than six months reached the Collegium in the last couple of weeks.
  • 10 recommendations from the list of old proposals in pipeline pending with the Government of India for considerable period of time.

“On the last date of hearing, the learned Attorney General had made a statement that a decision would be taken in this behalf within the next three months.”

  • 6 names reiterated by the Supreme Court Collegium a second time, are also awaiting appointment.

While the Attorney General KK Venugopal did not differ with the requirement of time bound schedule for filling the vacancies at every stage, he emphasised that the trigger for filling up of the vacancies is the recommendations made by the Chief Justices of the High Courts.

However, once the recommendations are made, there are two stages at which the matter rests with the Government – the first when the Ministry processes the names; and the second post the Collegium of the Supreme Court taking a call in recommending such of the names as are approved by the Collegium.

Insofar as the Judiciary is concerned, the second stage after the recommendations are made by the Collegium of the High Courts is the time period taken by the Collegium of the Supreme Court in consulting the consultee Judge(s) to take a call on those names.

As per the Memorandum of Procedure finalised by the Supreme Court Collegium on 10.3.2017:

  1. States may take not more than six weeks to send their views.
  2. The Central Government can presume no objection of the State Government, if their views are not received within six weeks.
  3. No timeline prescribed for the Central Government to forward recommendations.
  4. The Chief Justice of India to send recommendations/advise to the Law Minister within four weeks.
  5. The Law Minister to put up the proposal to the Prime Minister within three weeks for advise of the President.

In order to facilitate timely appointment, the Court advised to follow the following timelines in addition to the aforesaid:

i. The Intelligence Bureau (IB) should submit its report/inputs within 4 to 6 weeks from the date of recommendation of the High Court Collegium, to the Central Government.

ii. It would be desirable that the Central Government forward the file(s)/recommendations to the Supreme Court within 8 to 12 weeks from the date of receipt of views from the State Government and the report/input from the IB.

iii. It would be for the Government to thereafter proceed to make the appointment immediately on the aforesaid consideration and undoubtedly if Government has any reservations on suitability or in public interest, within the same period of time it may be sent back to the Supreme Court Collegium with the specific reasons for reservation recorded.

iv. If the Supreme Court Collegium after consideration of the aforesaid inputs still reiterates the recommendation(s) unanimously, such appointment should be processed and appointment should be made within 3 to 4 weeks.

[PLR Projects Pvt. Ltd v. Mahanadi Coalfields Ltd., 2021 SCC OnLine SC 332, order dated 20.04.2021]

Appointments & TransfersNews

Collegium Statement

Supreme Court Collegium has approved the proposal for elevation of the following Advocates as Judges in the High Courts:

High Courts

Name

Madhya Pradesh

·       Dr Vivek Sharan

·      Nidhi Patankar

·       Pranay Verma

Punjab and Haryana ·       Shri Vikas Bahl
Jammu and Kashmir

·      Shri Rahul Bharti


Supreme Court of India

Appointments & TransfersNews

Collegium Statement

Supreme Court collegium reiterates its recommendations for the elevation of the following Advocates as Judges in High Courts:

High Courts

Name

Kerala Shri Viju Abraham
Kerala Shri Mohammed Nias C.P. and Shri Paul K.K.
Karnataka Nagendra Ramachandra Naik
Himachal Pradesh Shri Satyen Vaidya

Supreme Court of India

Appointments & TransfersNews

Collegium Statement

Supreme Court Collegium has approved the proposal for elevation of Shri A. Badharudeen, Judicial Officer as Judge of the Kerala High Court.

 

 

 


Supreme Court of India

Appointments & TransfersNews

Collegium Statement

On 5th March 2021, Supreme Court Collegium approved the proposal for the appointment of the following Additional Judges as Permanent Judges of Allahabad High Court:

  1. Shri Justice Ali Zamin,
  2. Shri Justice Vipin Chandra Dixit,
  3. Shri Justice Shekhar Kumar Yadav,
  4. Shri Justice Ravi Nath Tilhari,
  5. Shri Justice Deepak Verma,
  6. Shri Justice Gautam Chowdhary,
  7. Shri Justice Shamim Ahmed,
  8. Shri Justice Dinesh Pathak,
  9. Shri Justice Manish Kumar, and
  10. Shri Justice Samit Gopal.

Supreme Court of India

Appointments & TransfersNews

Supreme Court Collegium has approved the proposal for elevation of the following Judicial Officers as Judges of the Calcutta High Court:

1. Kesang Doma Bhutia,

2. Rabindranath Samanta,

3. Sugato Majumdar,

4. Ananya Bandyopadhyay,

5. Rai Chattopadhyay,

6. Bivas Pattanayak,

7. Subhendu Samanta, and

8.  Ananda Kumar Mukherjee.


Supreme Court of India

[Statement dt. 04-02-2021]

Appointments & TransfersNews

Collegium Resolution

The Supreme Court Collegium has approved the proposal for appointment of Justice Manish Choudhury, Additional Judge of Gauhati High Court as Permanent Judge of that High Court.


Supreme Court Collegium

[Collegium Resolution dt. 15-10-2020]

Appointments & TransfersNews

Collegium Resolution

Supreme Court Collegium has approved the proposal for appointment of following Additional Judges of Gauhati High Court as Permanent Judges of that High Court:

1. Justice Sanjay Kumar Medhi, and

2. Justice Nani Tagia.


Supreme Court of India

[Collegium Resolution dt. 12-10-2020]

Appointments & TransfersNews

Supreme Court Collegium approves the proposal for the elevation of Rajesh Kumar Bhardwaj, Advocate, as Judge of the Punjab & Haryana High Court.


Supreme Court of India

[Collegium Statement dt. 17-08-2020]

Appointments & TransfersNews

Collegium Statement

Supreme Court Collegium approves the proposal for elevation of the following Judicial Officers, as Judges of the Allahabad High Court:

  • Sanjay Kumar Pachori,
  • Subhash Chandra Sharma,
  • Subhash Chand, and
  • Saroj Yadav.

Supreme Court of India

[Collegium Statement st. 14-08-2020]

Appointments & TransfersNews

Collegium Statement

Supreme Court Collegium approves the proposal for elevation of the following Advocates as Judges of the Gujarat High Court:

  • Vaibhavi Devang Nanavati,
  • Nirzarkumar Sushilkumar Desai, and
  • Nikhil Shreedharan Kariel.

Supreme Court of India

[Collegium Statement dt. 14-08-2020]

Appointments & TransfersNews

The Supreme Court Collegium has approved the proposal for appointment of following Additional Judges of Kerala High Court as Permanent Judges of that High Court:

1. Justice V.G. Arun,

2. Justice N. Nagaresh,

3. Justice T.V. Anilkumar, and

4. Justice N. Anil Kumar.


Supreme Court Collegium

[Collegium Statement dt. 21-07-2020]

Appointments & TransfersNews

Supreme Court Collegium has approved the proposal for elevation of the following Judicial Officers as Judges of the Jammu & Kashmir High Court:

1. Shri Vinod Chatterji Koul,
2. Shri Sanjay Dhar, and
3. Shri Puneet Gupta.


Supreme Court of India

[Collegium Statement dt. 19-02-2020]

Appointments & TransfersNews

Supreme Court Collegium recommends the following transfers of High Courts Judges:

S. No. Name of Judge High Court

From

High Court

To

1. Dr Justice S. Muralidhar Delhi Punjab & Haryana
2. Mr Justice Ranjit V.

More

Bombay Meghalaya
3. Mr Justice Ravi

Vijaykumar Malimath

Karnataka Uttarakhand

 


Supreme Court of India

[Collegium Statement dt. 19-02-2020]

Appointments & TransfersNews

Supreme Court Collegium has approved the proposal for appointment of following five Additional Judges of Karnataka High Court as Permanent Judges of that High Court:

  1. Justice Dixit Krishna Shripad,
  2. Justice Shankar Ganapathi Pandit,
  3. Justice Ramakrishna Devdas,
  4. Justice Bhotanhosur Mallikarjuna Shyam Prasad, and
  5. Justice Siddappa Sunil Dutt Yadav.


[Collegium Resolution dt. 17-12-2019]

Appointments & TransfersNews

The Supreme Court Collegium in its meeting held on 15-10-2019 has decided to recommend transfer of Mr. Justice Rakesh Kumar, Judge, Patna High Court to Andhra Pradesh High Court.


Supreme Court of India

Collegium

Appointments & TransfersNews

The Supreme Court Collegium in its meeting held on 15-10-2019, after taking into consideration the material on record, has approved the proposal for elevation of Shri Wanlura Diengdoh, Judicial Officer, as Judge of the Meghalaya High Court.


Supreme Court of India

Appointments & TransfersNews

The Supreme Court Collegium in its meeting held on 15-10-2019, on reconsideration and in the modification of its earlier recommendations dated 28-08-2019, has decided to recommend the following transfers:

S.

No.

Name of the Chief Justice / Judge

High Court

From

High Court

To

1.

A.P. Sahi, Chief Justice Patna Madras

2.

A.K. Mittal, Chief Justice Meghalaya

Madhya Pradesh

3. Sanjay Karol, Chief Justice Tripura

Patna


Supreme Court of India

Appointments & TransfersNews

The Supreme Court Collegium in its meeting held on 15-10-2019, after taking into consideration the material on record, has approved the proposal for elevation of the following persons as Judges of the Jammu & Kashmir High Court:

1. Moksha Kazmi (Khajuria), Advocate; and
2. Rajnesh Oswal, Advocate


Supreme Court of India

Appointments & TransfersNews

Supreme Court Collegium in its meeting held on 15-10-2019, after taking into consideration the material on record, has approved the proposal for elevation of the following persons as Judges of the Gauhati High Court:

1. Soumitra Saikia, Advocate;

2. Parthivjyoti Saikia, Judicial Officer; and

3. S. Hukato Swu, Judicial Officer.


Supreme Court of India