Recommendation Of Supreme Court For Appointing Three Delhi High Court Judges As Permanent Judges

Legal News by - AISHWARYA (This News was written by her during her Internship)

Collegium is a system used by courts for transfer and appointment of judges, not a law made by Parliament but came into existence by Supreme Court Judgements, headed by CJI and other two Judges of a higher position and this reaches the government only after the approval of the collegium. Judges of Higher Courts are appointed based on the collegium system and then go to the government for mere approval of appointment. Three Judges case1998 on the President reference increased the number of judges in collegium CJI with four other senior Judges (Article 143).

On 12th March, 2024 the collegium of Delhi High Court recommended the names of Shri Justice Girish Kathpalia, Shri Justice Manoj Jain and Shri Justice Dharmesh Sharmaa as permanent judges of the High Court. The Supreme Court collegium recommended conditions for the appointment of these Additional Judges as permanent by making a memorandum of procedure by the Supreme Court Judges by consulting with the High Court Judges talking about their suitability, by setting up of Supreme Court committee constituted by Chief Justice Dhananjay Y Chandrachud assessed the Judgements made by them and then rated them as ‘Good’ in a resolution dated 26th October 2017. Department Of Justice has observed and scrutinized all the material placed before them to address their suitability for appointment as permanent Judges against the present vacancy in the court and after fulfillment of all the criteria they are of the view that Justice Kathpalia, Jain and Sharma are fit for the position.

The most critical thing about this collegium is its opaqueness of the courts that nothing goes out of the court, there is no transparency nothing is available to the citizens as to what is happening in the court, nepotism is a big problem as judges prefer those they know over the capability, public controversies are happening due to this collegium method as they think it hampers the democracy and overlooking the junior judges who are more talented then the judges who are being preferred but do not get opportunity due to this biased system.

The establishment of the National Judicial Appointment Commission through an amendment made in 2014 was struck down in 2015. Filling of vacancy and creating more job opportunities is important to ensure the independence of the judiciary but this permanency in courts can hamper the independence and can lead to Judicial Primacy, not Judicial exclusivity.

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