Supreme Court Comments On Collegium Proceedings, Cites “Pandora’s Box” Concerns
Supreme Court cautions against opening collegium proceedings amid transparency debate.
The Supreme Court on Monday declined to entertain a petition filed by a judicial officer from Himachal Pradesh challenging the recommendation process for elevation to the High Court, observing that it did not wish to “open a Pandora’s box” regarding the functioning of the collegium system.
A bench of BV Nagarathna and Joymalya Bagchi heard the matter in which the petitioner alleged that several officers junior to him had been recommended for appointment as judges of the Himachal Pradesh High Court while his name was not considered.
During the hearing, the bench reiterated that decisions relating to judicial appointments fall within the subjective satisfaction of the collegium system and cannot ordinarily be subjected to judicial direction. The court observed that it could not instruct a collegium to consider or recommend any particular name, stressing the institutional limits of judicial review in such matters.
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The judges further remarked that seniority alone does not create an automatic entitlement to elevation to the High Court bench. They noted that judicial appointments are based on a range of considerations, and not merely on length of service or position within the judicial hierarchy.
The petitioner, represented by senior advocate Balbir Singh, argued that he was the senior-most judicial officer in the state and still had significant years of service remaining. However, the court pointed out that there was no record indicating that the High Court collegium had rejected his candidature, and advised him to wait for the process to conclude.
The bench also noted that recommendations made by the High Court collegium had already been approved by the Supreme Court collegium, and observed that the petitioner’s case appeared to still be under consideration or possibly deferred. It suggested that the petitioner could pursue appropriate remedies through administrative channels within the High Court.
After indicating its reluctance to intervene, the Supreme Court allowed the petitioner to withdraw the plea with liberty to approach the competent authority or seek other available legal remedies. The matter was accordingly disposed of.
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