Appointments of High Court Chief Justices Likely to Happen Soon: CJI DY Chandrachud Confirms Imminent Action

Introduction: High Court Chief Justices

In a significant development for India’s judicial system, the Chief Justice of India (CJI), DY Chandrachud, has confirmed that the much-awaited appointments of High Court Chief Justices across the country are expected to take place shortly. This news comes as the Supreme Court Collegium’s recommendations for these appointments, which have been pending with the Union Government, are likely to be implemented soon. Speaking during a court hearing on Friday, September 20, 2024, the CJI indicated that appointments could be announced any day now, sparking hope for improved judicial efficiency and administration in several key High Courts.

The Chief Justice’s comments came as the Supreme Court bench, led by him, adjourned a petition that called for urgent action by the Union Government on the Collegium’s recommendations. During the hearing, the CJI told petitioners’ lawyers, “Some appointments are now in the pipeline, we expect it to come very shortly.” This statement underscores the possibility of imminent appointments and brings attention to the ongoing delay in clearing Collegium recommendations, a critical issue that has hindered the functioning of the judiciary.

The Significance of Pending Appointments and Collegium Recommendations

As of July 11, 2024, the Supreme Court Collegium, which consists of senior judges including the Chief Justice of India, had recommended appointments for Chief Justices in eight High Courts across the country. The delay in implementing these recommendations has resulted in a vacuum of leadership in many High Courts, affecting both the judicial process and the administration of justice. High Court Chief Justices play a pivotal role in ensuring smooth judicial operations and setting the tone for the legal environment in their respective courts.

The bench, consisting of Chief Justice Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, was hearing a Public Interest Litigation (PIL) that seeks directions for the Union Government to act swiftly on these Collegium resolutions. The PIL highlighted the critical need for timely appointments, arguing that delays create an adverse impact on the judiciary’s functioning, increase the backlog of cases, and erode public trust in the system.

One of the key cases discussed during the hearing involved a contempt petition filed by the state of Jharkhand against the Union Government over the delay in appointing the Chief Justice of the Jharkhand High Court. The delay in appointments for this specific High Court, like many others, has raised concerns over the judiciary’s ability to function efficiently without proper leadership.

Government’s Stand: ‘Sensitive Information’ Delaying Appointments

On September 13, 2024, Attorney General R Venkataramani appeared before the Supreme Court and informed the bench that there was ‘sensitive information’ concerning some of the Collegium’s recommendations, which he wanted to share confidentially with the Court. While the specific nature of this information has not been publicly disclosed, it has been cited as a reason for the delays in processing the appointments.

In response to these developments, on September 17, 2024, the Supreme Court Collegium revised three of its earlier recommendations. This revision shows the dynamic nature of the judicial appointment process and highlights the Collegium’s efforts to address concerns and ensure the most qualified individuals are appointed to leadership roles in High Courts.

Revised Collegium Recommendations and the List of Pending Appointments

The original recommendations made by the Collegium on July 11, 2024, included the following:

1. Justice Manmohan, currently serving as the Acting Chief Justice of the Delhi High Court, was recommended to be appointed as the permanent Chief Justice of the same High Court.
2. Justice MS Ramachandra Rao, presently the Chief Justice of the Himachal Pradesh High Court, was recommended for transfer as the Chief Justice of the Jharkhand High Court.
3. Justice Rajiv Shakdher, a senior judge at the Delhi High Court, was recommended to take over as the Chief Justice of the Himachal Pradesh High Court, following the transfer of Justice Ramachandra Rao.
4. Justice Suresh Kumar Kait, a sitting judge at the Delhi High Court, was proposed for appointment as the Chief Justice of the Jammu and Kashmir and Ladakh High Court.
5. Justice Gurmeet Singh Sandhawalia, a respected judge from the Punjab and Haryana High Court, was recommended to be the Chief Justice of the Madhya Pradesh High Court.
6. Justice Nitin Jamdar, a judge at the Bombay High Court, was recommended for the position of Chief Justice of the Kerala High Court.
7. Justice Tashi Rabstan, a sitting judge at the Jammu and Kashmir and Ladakh High Court, was recommended for transfer as the Chief Justice of the Meghalaya High Court.
8. Justice K R Shriram, currently a judge at the Bombay High Court, was proposed for appointment as the Chief Justice of the Madras High Court.

However, on September 17, 2024, the Collegium revised three of these recommendations as follows:

• Justice Suresh Kumar Kait was now recommended to be appointed as the Chief Justice of the Madhya Pradesh High Court instead of the Jammu and Kashmir and Ladakh High Court.
• Justice Tashi Rabstan, initially proposed for transfer to the Meghalaya High Court, was now recommended to serve as the Chief Justice of his parent High Court, the Jammu and Kashmir and Ladakh High Court.
• Justice Gurmeet Singh Sandhawalia, who was originally proposed as the Chief Justice of the Madhya Pradesh High Court, was now recommended to be appointed as the Chief Justice of the Himachal Pradesh High Court, after the retirement of Justice Rajiv Shakdher on October 18, 2024.

Additionally, the Collegium made a new recommendation for Justice Indra Prasanna Mukerji from the Calcutta High Court to be appointed as the Chief Justice of the Meghalaya High Court.

The Consequences of Delayed Appointments on Judicial Functioning

The protracted delays in appointing High Court Chief Justices have sparked widespread concern among legal experts, who argue that such delays can severely undermine the functioning of the judiciary. A lack of leadership in High Courts, which are already grappling with a substantial backlog of cases, can slow down the judicial process even further, leading to inefficiencies that have far-reaching consequences for citizens seeking justice.

Legal experts like Senior Advocate Arvind Datar have emphasized that “The delay in appointing High Court Chief Justices not only affects the judiciary’s administrative efficiency but also erodes public confidence in the legal system. It is imperative for the government to act swiftly in ensuring that leadership roles in the judiciary are filled without unnecessary delays.” Former Attorney General Mukul Rohatgi has also criticized the delays, stating, “The executive’s hesitance in processing the Collegium’s recommendations hampers the independence of the judiciary, a cornerstone of our democracy.”

Timeline of Key Events in High Court Appointments

• July 11, 2024: The Supreme Court Collegium made its recommendations for the appointment of Chief Justices in eight High Courts.
• September 13, 2024: Attorney General R Venkataramani informed the Supreme Court that there was ‘sensitive information’ pertaining to some Collegium recommendations, which was delaying the appointment process.
• September 17, 2024: The Collegium revised three of its earlier recommendations and proposed a fresh recommendation for the appointment of Justice Indra Prasanna Mukerji as Chief Justice of the Meghalaya High Court.
• September 20, 2024: CJI DY Chandrachud confirmed that appointments were imminent, leading to the adjournment of the PIL hearing that called for the government to expedite Collegium resolutions.

Experts Weigh In on the Impacts of Delayed Appointments

Legal luminaries have expressed their concerns over the delays in High Court appointments. Justice Madan B Lokur, a former judge of the Supreme Court, emphasized that “While the Collegium system of appointments needs transparency, the bigger concern is the government’s delay in acting on the Collegium’s recommendations. Such delays hinder the functioning of High Courts, impacting the judiciary’s overall efficiency.”

Former Chief Justice of India RM Lodha also weighed in, noting that “The backlog of cases in High Courts across India is an issue that cannot be ignored. Timely appointments of Chief Justices and other judges are critical to reducing this burden and ensuring justice is delivered swiftly and fairly.”

Conclusion: The Road Ahead

As the judiciary and the executive continue to navigate the complexities of the appointment process, the coming weeks will be crucial in determining how effectively the Union Government acts on the Collegium’s recommendations. The timely appointment of High Court Chief Justices is not just a matter of filling vacancies; it is a vital step toward ensuring the smooth functioning of India’s judicial system, which is already under strain from a massive backlog of cases. The judiciary’s independence and efficiency depend on swift action, and all eyes will now be on the government to see whether these long-pending appointments will finally materialize.

External Sources:

1. Supreme Court Official Website
2. Bar and Bench News
3. Live Law

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FAQs

1. What is the Supreme Court Collegium system?
   The Supreme Court Collegium system is a system in India where a panel of senior Supreme Court judges, led by the Chief Justice of India, makes recommendations for appointments and transfers of judges in higher judiciary positions, including High Courts.
2. Why are the appointments of High Court Chief Justices delayed?
   The delays are mainly due to pending clearance from the Union Government and sensitive information that the Attorney General has mentioned. This delay impacts the efficiency of judiciary operations.
3. Who is responsible for clearing the Collegium’s recommendations?
   The Union Government is responsible for reviewing and clearing the recommendations made by the Supreme Court Collegium.
4. What is the significance of appointing High Court Chief Justices?
   Appointing High Court Chief Justices ensures that the judicial system functions smoothly by providing leadership, addressing case backlogs, and improving judicial efficiency.
5. What are the recent changes in the Collegium’s recommendations?
   On September 17, 2024, the Collegium revised three recommendations, including transferring Justice Suresh Kumar Kait to Madhya Pradesh High Court and Justice Tashi Rabstan to Jammu and Kashmir and Ladakh High Court.