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Chirag Bhanu Singh & Anr. vs High Court of Himachal Pradesh & Ors.

Not available · 2024 INSC 660Decided 6 Sept 2024
Not available
Justice Hrishikesh Roy · Justice Prashant Kumar Mishra

Background

The petitioners, Chirag Bhanu Singh and Arvind Malhotra, were the two seniormost District and Sessions Judges in Himachal Pradesh who had been recommended by the High Court Collegium in December 2022 for elevation as High Court judges. The Supreme Court Collegium deferred their case in July 2023 and, in January 2024, directed that their names be reconsidered by the Chief Justice of the Himachal Pradesh High Court. The petitioners alleged that, instead of the matter going back to the full High Court Collegium for fresh collective deliberation, the Chief Justice alone took an individual decision on their suitability, while names of judicial officers junior to them were recommended for elevation instead.

Decision Breakdown

The Supreme Court held that under settled constitutional law (the Second and Third Judges cases), reconsideration of a collegium recommendation must involve collective consultation and deliberation among High Court Collegium members. It cannot be decided unilaterally by the Chief Justice alone. Finding that this is exactly what had happened here, the Court ruled the process procedurally and substantively flawed. It held the writ petition maintainable since it questioned the absence of effective consultation, and directed that the High Court Collegium must now properly reconsider the petitioners' names collectively, in line with the Supreme Court Collegium's January 2024 resolution.

Lesson Learnt

Recommendations for judicial appointments must go through genuine collective deliberation by the full High Court Collegium, not be decided by the Chief Justice individually: procedural fairness in judicial appointments is itself a matter courts will enforce.

Official source (sci.gov.in)View Judgment (PDF)

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