Supreme Court Collegium Recommends Two High Court Chief Justices for Elevation
The Supreme Court Collegium, headed by CJI B.R. Gavai, has recommended the elevation of two High Court chief justices to the apex court: Justice Alok Aradhe of the Bombay High Court and Justice Vipul Manubhai Pancholi of the Patna High Court. The recommendation aims to fill the two existing vacancies in the Supreme Court. If the appointments are cleared by the central government, the court will function at its full sanctioned strength of 34 judges.
Unpacked:
Supreme Court judges are appointed by the President of India based on recommendations from the Supreme Court Collegium, which includes the Chief Justice of India and four senior-most judges. The Collegium consults relevant stakeholders, and after its recommendation, the Union Law Ministry and Prime Minister advise the President to formalize the appointment.
The Collegium system was upheld by the Supreme Court to preserve judicial independence. Attempts to replace it with the National Judicial Appointments Commission (NJAC), which included executive members, were struck down because executive involvement was seen as compromising the judiciary’s independence and violating the separation of powers.
The Collegium considers factors such as merit, integrity, inter se seniority, fair representation of High Courts, and disposition rate (number and quality of judgments delivered). It also consults with senior judges who have worked with the candidate or are from the same High Court.
Yes, the Collegium system has faced criticism for alleged nepotism, lack of transparency, and the “uncle judge syndrome,” where many judges are related to those already in the judiciary or legal profession. Critics argue this undermines diversity and accountability in judicial appointments.