SC Refuses to Interfere with Collegium's Judicial Appointment Decisions
Supreme Court refuses to judicially review High Court collegium's appointment recommendations, saying it cannot direct collegium proceedings; tells petitioner seniority alone doesn't guarantee elevation.
The Supreme Court on Monday declined to entertain a petition challenging the collegium system's appointment recommendations, warning against opening a "pandora's box" in matters of judicial elevation.
What Happened
A Himachal Pradesh judicial officer moved the Supreme Court alleging that officers junior to him were recommended for appointment as High Court judges, bypassing his claim despite his seniority.
What the Court Said
A bench of Justices B V Nagarathna and Joymalya Bagchi firmly held that judicial appointments fall within the subjective satisfaction of the collegium and cannot be directed by the Supreme Court on its judicial side.
"Can on the judicial side, the Supreme Court say to the collegium — you do this or you do that? It can't be done," the bench observed.
The court made clear that seniority alone does not entitle a judicial officer to be recommended for elevation to the High Court bench.
Crucially, the bench noted there was no formal rejection of the petitioner's candidature on record — his name may have been deferred rather than declined.
"The narration of events which you have given clearly indicates that there was consideration. Please wait for sometime,"the bench said.
Background
The Supreme Court collegium had on June 2 approved the appointment of three Himachal Pradesh judicial officers — Chirag Bhanu Singh, Bhupesh Sharma, and Yogesh Jaswal — as High Court judges.
The petitioner, represented by Senior Advocate Balbir Singh, argued he was the senior-most judicial officer in the state with around 10 years of service remaining.
Outcome
The petitioner withdrew the plea after the court showed disinclination to interfere. The bench disposed of the matter granting liberty to the petitioner to seek appropriate relief before the competent authority of the High Court — either on the administrative or judicial side.
Why It Matters
The ruling reaffirms the judiciary's consistent position that collegium proceedings are insulated from judicial review on the court's own side. It signals that challenges to appointment recommendations — even on grounds of seniority — will face a high threshold before the Supreme Court will intervene.