Centre Clears Appointment Of 3 HC Chief Justices As Supreme Court Judges; Collegium Resolution Accepted In 2 Days

The central government on Wednesday (November 8) cleared the appointment of the chief justices of the high courts of Delhi, Rajasthan, and Gauhati respectively as judges of the Supreme Court. Justices Satish Chandra Sharma, Augustine George Masih, and Sandeep Mehta were recommended for elevation by the Supreme Court collegium earlier this week.

With their appointment, the Supreme Court will be back to its full strength of 34 judges. This year has witnessed a spate of retirements, with as many as eight judges - the latest being Justice S Ravindra Bhat - retiring. The top court currently has 31 judges, which includes the chief justice and 30 puisne judges. In December, Justice Sanjay Kishan Kaul is also set to retire. 

The recent resolution dated November 6, signed by Chief Justice DY Chandrachud, and Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, reveals that the factors that weighed with the collegium while making its selection were the seniority of judges within their parent high courts as well as overall seniority, and their merit, performance, and integrity. Besides this, another crucial factor in making this determination was the need to ensure fair representation to high courts across the country, the inclusion of minorities, and members of backward or marginalised communities, and to enhance gender diversity. 

Accordingly, while recommending Justice Sharma’s name, the collegium noted that he was the second-most senior judge across the country, and the most senior from the Madhya Pradesh High Court, which was his parent high court. Among other things, his appointment would enhance the representation in the top court of the Madhya Pradesh High Court, which currently has only one judge from there.

Similarly, while recommending Justice Masih's name, the collegium noted that he was seventh in terms of overall seniority, but first when it came to the Punjab and Haryana High Court, which is the parent high court of two other judges on the Supreme Court bench. The collegium also considered Justice Masih's membership of a minority community. 

Lastly, Justice Mehta, the collegium resolution notes, is twenty-third on the list of overall seniority, but is the most senior of all judges hailing originally from the Rajasthan High Court. After the retirement of Justice Ajay Rastogi in June, the Rajasthan High Court remains unrepresented on the apex court bench. "Apart from according representation to the State of Rajasthan, the appointment of Justice Mehta will provide a value addition in terms of his acquired knowledge and experience," the resolution adds.

The three new judges are set to take oath of office tomorrow(November 9)