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4 High Court Chief Justice appointments yet to get govt nod; 2 vacancies loom
The appointment process may face further pressure with chief justices in Orissa and Jharkhand due to retire this month.
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The Union government is yet to clear four appointments of high court chief justices recommended by the Supreme Court collegium more than two weeks ago, leaving four high courts functioning under acting heads even as two more incumbent chief justices are set to retire in the coming fortnight.
The collegium, headed by Chief Justice of India (CJI) Surya Kant and comprising justices Vikram Nath and BV Nagarathna, recommended the appointments on October 26. However, the government has till date neither notified the appointments nor sent any communication to the Supreme Court administration on the recommendations.
Four High Courts Continue Under Acting Heads
The delay has left the Delhi, Gujarat, Telangana and Uttarakhand high courts without regular chief justices, with their respective acting chief justices continuing to discharge the responsibilities of the top judicial office.
The situation could become more pressing in the weeks ahead, with the chief justices of the Orissa and Jharkhand high courts scheduled to retire on November 15 and November 27, respectively. The retirement of these two judges will require fresh appointments to the top posts in the respective high courts, adding to the number of leadership transitions the collegium and the government will have to address.
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The Memorandum of Procedure (MoP), which governs the appointment of judges, does not prescribe an outer time limit for the government to notify recommendations made by the Collegium. The Centre has also been inconsistent in processing appointments of high court chief justices, with the time taken to clear recommendations varying from one set of appointments to another.
Recommended Appointments Across the High Courts
According to the Department of Justice’s list of high court chief justices, as on November 1, the Delhi High Court has been functioning under acting chief justice Nitin Wasudeo Sambre since October 6, following the elevation of its then chief justice DK Upadhyaya to the Supreme Court. The collegium has recommended Justice P Sam Koshy, presently a judge of the Telangana High Court, for the post.
Justice Manash Ranjan Pathak, who was recommended to head the Gujarat High Court, is currently its acting chief justice following the elevation of chief justice Sunita Agarwal to the Supreme Court. Justice Koshy himself has been serving as acting chief justice of the Telangana High Court since October 6, after its then chief justice Aparesh Kumar Singh was elevated to the Supreme Court.
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For Uttarakhand, the collegium has recommended Patna High Court judge Justice Sudhir Singh to succeed acting chief justice Manoj Kumar Tiwari.
The four recommendations involve judges from different high courts, in keeping with the practice of transferring judges across states while appointing them as chief justices. Justice Koshy comes from the Chhattisgarh High Court, Justice Pathak from the Gauhati High Court, Justice Sudhir Singh from the Patna High Court, while Justice Tapabrata Chakraborty, recommended for Telangana, comes from the Calcutta High Court.
More High Court Leadership Changes Ahead
The impending retirements in Orissa and Jharkhand add another layer to the appointments process. Orissa High Court chief justice Harish Tandon is due to retire on November 15, while Jharkhand High Court chief justice Mahesh Sharadchandra Sonak is scheduled to retire on November 27.
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Appointment Process and Delays
The government’s delay in acting on the October 26 recommendations comes at a time when the Supreme Court has been working through a series of judicial appointments and transfers across high courts. While acting chief justices can discharge the administrative and judicial responsibilities of the office, the prolonged absence of regular appointments raises questions over the pace at which recommendations made by the collegium are being processed.
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