VidhiSangh

Supreme Court of India · 06/09/2024

CHIRAG BHANU SINGH & ANR. versus HIGH COURT OF HIMACHAL PRADESH & ORS.

[2024] 9 S.C.R. 150 · 2024 INSC 660

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Summary

On a writ petition by the two seniormost District Judges of Himachal Pradesh, the Supreme Court held that a challenge confined to lack of effective consultation in the collegium process is maintainable, and that the Chief Justice of a High Court cannot alone reconsider a proposal for elevation remitted by the Supreme Court Collegium; since the reconsideration was the Chief Justice's individual decision, it was vitiated and the High Court Collegium was directed to reconsider the petitioners' names collectively.

Issues

  1. Whether a writ petition questioning the manner in which the High Court reconsidered the petitioners' names for elevation is maintainable given the limited scope of judicial review in judicial appointments.
  2. Whether reconsideration of a proposal for elevation to a High Court must be made collectively by the High Court Collegium or may be made by the Chief Justice of the High Court individually.

Provisions considered

Held

Result

Writ petition allowed; the High Court Collegium directed to reconsider the petitioners' names for elevation in terms of the Supreme Court Collegium resolution of 04.01.2024 and the Law Minister's letter of 16.01.2024.

Judgment PDF: Supreme Court of India, [2024] 9 S.C.R. 150.