SC Collegium Gives Reasons To Propose Elevation Of Two HC CJs; One Member Suggests Deferring One Recommendation

The Supreme Court Collegium, comprising Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul and Justice KM Joseph, cleared the names of Allahabad High Court Chief Justice Rajesh Bindal and Gujarat High Court Chief Justice Aravind Kumar for elevation to the Supreme Court.

The Collegium has published a detailed statement listing the reasons for considering these two names.

The resolution of the Collegium in regard to the appointment of Mr Justice Rajesh Bindal, Chief Justice of the High Court of Judicature at Allahabad was unanimous. However, in regard to the appointment of Mr Justice Aravind Kumar, Chief Justice of the High Court of Gujarat, Justice K M Joseph expressed his reservations on the ground that his name can be considered at a later stage.

While clearing the names, the collegium also provided a list of things taken into consideration for its decision. 

The following aspects were taken into consideration by the collegium–

a. The seniority of Chief Justices and senior puisne Judges in their respective parent High Courts as well as overall seniority of the High Court Judges;

b. The merit, performance and integrity of the judges under consideration; and

c. The need to ensure diversity and inclusion in the Supreme Court by:

(i) representation of High Courts which are not represented or are inadequately represented, in the Supreme Court;

(ii) appointing persons from marginalized and backward segments of society;

(iii) gender diversity; and

(iv) representation of minorities.

The notification states–

"Mr Justice Rajesh Bindal was appointed as a Judge of the Punjab and Haryana High Court on 22 March 2006. He was appointed as Chief Justice of the High Court of Judicature at Allahabad on 11 October 2021. Mr Justice Bindal stands at Sl. No.02 in the combined All-India-seniority of High Court Judges. He is the seniormost Judge hailing from the Punjab and Haryana High Court. While recommending his name, the Collegium has taken into consideration the fact that the Punjab and Haryana High Court which is one of the largest High Courts with a sanctioned strength of eighty five judges is not adequately represented on the Bench of the Supreme Court. The High Court of Punjab and Haryana is a common High Court for two States."

It adds–

"Mr Justice Aravind Kumar was appointed as an Additional Judge of the Karnataka High Court on 26 June 2009 and as permanent Judge on 07 December 2012. He was elevated as Chief Justice of the High Court of Gujarat on 13 October 2021. Mr Justice Aravind Kumar stands at Sl. No.26 in the combined All-India-seniority of High Court Judges. While recommending his name, the Collegium is conscious of the fact that in the seniority of Judges hailing from the Karnataka High Court, Mr Justice Aravind Kumar stands at Sl. No.02 and that at present, the Bench of the Supreme Court is represented by two Judges from the Karnataka High Court."

The collegium noted that five names earlier recommended for elevation in December 2022 are still pending with the Centre. Therefore, the collegium stated that those names should have precedence in appointment over the present proposals.

"The names recommended earlier by the Collegium by its resolution dated 13 December 2022 shall have precedence over the two names recommended presently for appointment to the Supreme Court. Therefore, the appointments of five judges recommended on 13 December 2022 should be notified separately and earlier in pointof time before the two judges recommended by this resolution".

Click here to read the resolution