Keywords: Collegium, Supreme Court, Transfer of judges.
The process to transfer the 25 justices is nearing completion, with the Collegium seeking input from consultee Supreme Court judges from the relevant parent High Courts. The Supreme Court collegium has suggested transfers of at least 24 high court judges for “better administration of justice” in a dramatic shake-up in the upper judiciary. This is possibly the most transfer approved by the Supreme Court collegium in a single session. The Collegium, led by Chief Justice of India (CJI) Dhananjaya Y Chandrachud and comprised of four senior-most judges, requested the removal of judges from several high courts, including Punjab & Haryana, Telangana, Gujarat, Allahabad, Bombay, Andhra Pradesh, and Patna, during a meeting on Thursday.
The collegium, which included justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, considered the consultee judges’ comments. Consultee judges are those on the Supreme Court who have previously served in the high courts where the judges up for promotion or transfer are now assigned. According to sources familiar with the situation, the suggestion for a significant rearrangement in the high courts had been in the works for a few weeks, and all comments were vetted before making recommendations. All of the high court justices slated for transfer have also received letters soliciting their feedback. According to the convention, judges who are being relocated out are asked for their opinions, but the final decision is made by the collegium if someone requests a reconsideration.
The Constitution provides for transferring a judge, including the Chief Justice, from one high court to another under Article 222. The MoP, which governs the nomination and posting of constitutional court justices, states that “all transfers are to be made.” in the public interest, i.e. to promote improved justice administration throughout the country.”
According to the MoP, after receiving a transfer recommendation from the Chief Justice of India, the Union Law Minister delivers the recommendation, together with related paperwork, to the Prime Minister, who subsequently advises the President on the transfer of the judge in question. After deliberating over the collegium’s recommendations for over seven months, the Union government announced the transfer of three high court justices on July 13. The Supreme Court took the delay in informing judges’ transfers seriously during its sessions in January and February when it heard a contempt petition against the Union government’s delays in appointing justices. At the time, a bench led by Justice Sanjay Kishan Kaul took strong exception to the government delaying the transfer of high court judges, warning that “any delay in transfers may result in administrative and judicial actions that may not be palatable.
The bench warned the government against “any third-party interference in the transfer cases” at the time, and cautioned attorney general R Venkataramani that if the recommendations are not fulfilled promptly, the judges’ judicial activity might be removed. It went on to say that the Centre’s inconsistency in notifying the recommendations was causing “issues of faith” between the courts and the government.
The Supreme Court’s remarks came at a time when the judiciary and the president were at odds over judicial selections. Kiren Rijiju, the then-law minister, launched a series of remarks challenging the collegium’s operation and disputing the separation of powers between the two entities. Between December and February, the Supreme Court responded in a series of judicial proceedings by reminding the government that the collegium system is the law of the land and must be followed “to the letter,” while also claiming that the Centre had delayed a number of decisions without providing adequate reasons.
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written by – Meghana Mathapati, college name – KLE law college Bangalore, semester – 5th
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