Supreme Court
Two Himachal Pradesh district judges have approached the Supreme Court regarding the collegium’s decision-making process. The Supreme Court is set to hear the petition filed by District Judges Chirag Bhanu and Arvind Malhotra of Bilaspur and Solan districts. Allegations have been made that the High Court Collegium overlooked advice from the Supreme Court and letters from the Union Law Minister, promoting junior district judges for High Court judge positions instead. The petition requests the Supreme Court to direct the High Court Collegium to reconsider their names in line with the proposal made on January 4.
Last year, on July 12, the High Court Collegium recommended Chirag Bhanu and Arvind Malhotra for High Court judge appointments, which was initially halted. Subsequently, on January 4, 2024, Chief Justice DY Chandrachud’s collegium sent both names back to the High Court Collegium for reconsideration. Despite advice from the Supreme Court Collegium and a letter from the Union Law Minister to the High Court Chief Justice, the High Court Collegium proceeded with appointments of much junior judicial officers without revisiting the names of Bhanu and Malhotra, disregarding their qualifications, seniority, and impeccable judicial records.
The Supreme Court Collegium comprises the Chief Justice and four senior-most judges, while the High Court Collegium consists of the High Court Chief Justice and four senior-most judges. Notably, the government has no direct involvement in the collegium’s candidate selection process, as recommendations are forwarded to the government. The collegium system has faced ongoing scrutiny in recent years, with periodic conflicts arising between the government and judiciary concerning its functioning.
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