2024 Supreme(SC) 741

SUPREME COURT OF INDIA
HRISHIKESH ROY, PRASHANT KUMAR MISHRA, JJ.
Chirag Bhanu Singh & Anr. – Petitioners
Versus
High Court of Himachal Pradesh & Ors. – Respondents
Writ Petition (c) No. 312 of 2024
Decided On : 06-09-2024

IMPORTANT POINTS
(1) Appointment as Judges – Scope of judicial review – Absence of consultation amongst members of Collegium would be within limited purview of judicial review – Suitability falls beyond scope of judicial review.
(2) Elevation as Judge of High Court – Process of judicial appointments to a superior court is not the prerogative of a single individual – Instead, it is a collaborative and participatory process involving all Collegium members – While transparency is necessary to ensure fairness and accountability, it must be carefully balanced with need to maintain confidentiality.

Headnote:

(A) Constitution of India – Article 32/226 – Appointment as Judges – Scope of judicial review – Scope of judicial review in appointment of Judges is limited as it introduces ‘judicial element’ in the process – Judicial review is not warranted apart from some exceptions such as want of consultation amongst named constitutional functionaries – Absence of consultation amongst members of Collegium would be within limited purview of judicial review – Suitability is non-justiciable and resultantly, ‘content of consultation’ falls beyond scope of judicial review – Present writ petition is maintainable as it questions lack of effective consultation. (Paras 11, 15, 16, 17 and 31)

(B) Constitution of India – Article 217 – Elevation as Judge of High Court – Process of judicial appointments to a superior court is not the prerogative of a single individual – Instead, it is a collaborative and participatory process involving all Collegium members – Process of appointment of Judges must reflect collective wisdom that draws from diverse perspectives – Such a process ensures that principles of transparency and accountability are maintained – Collaborative deliberations bring in transparency in the process, as decisions are deliberated, debated, and recorded – This contributes to public trust in judiciary, as it demonstrates that appointments are being made based on thorough consideration – This appears to be a case where there was no collective consultation amongst three Constitutional functionaries of High Court i.e. Chief Justice and two senior-most companion Judges – Absence of element of plurality, in process of reconsideration as directed by Supreme Court Collegium, is clearly discernible – There is also a need to protect certain sensitive information in matters involving appointment of judges – While transparency is necessary to ensure fairness and accountability, it must be carefully balanced with need to maintain confidentiality – Disclosing sensitive information would compromise not only privacy of the individual but also the integrity of the process – Chief Justice of a High Court cannot individually reconsider a recommendation and it can only be done by the High Court Collegium acting collectively – High Court Collegium should now reconsider names of petitioners for elevation as Judges of High Court. (Paras 18, 23, 27, 29, 30, 31 and 32)

Facts of the case:

This writ petition under Article 32 of Constitution of India has been filed by two senior most District and Sessions Judges serving in State of Himachal Pradesh. Prayer in writ petition reads thus:

“(a) Issue writ/writs including a writ in nature of certiorari calling for the minutes of meeting of the Collegium of Hon’ble High Court of Himachal Pradesh whereby names of officers junior to present petitioners have been recommended for elevation as Judges of Hon’ble High Court ignoring directions of reconsideration given by Hon’ble Collegium of Hon’ble Supreme Court of India.

(b) Issue writ/writs, order or direction, writ being in nature of mandamus, directing Respondent No. 1 to consider names of Petitioners as directed by Hon’ble Collegium of Hon’ble Supreme Court of India vide Resolution dated 4.1.2024..”

Findings of Court:

High Court Collegium should now reconsider the names of Mr. Chirag Bhanu Singh and Mr. Arvind Malhotra for elevation as Judges of the High Court, following the Supreme Court Collegium decision dated 4th January,2024 and the Law Minister’s letter dated 16th January,2024. It is ordered accordingly.

Result : Writ Petition allowed.