CJI Seeks Comments from ‘Both Sides’ as Collegium Considers High Court Appointments

New Delhi: Chief Justice of India has sought comments from “both sides” amid allegations being raised in connection with candidates under consideration for appointments to the High Courts, according to sources familiar with the developments.

The move comes as the Supreme Court Collegium continues its deliberations on appointments and transfers involving the higher judiciary.

Sources said the CJI sought responses because allegations were being made from both sides, making it necessary to hear the concerned parties before the Collegium proceeds further.

Collegium considers High Court appointments

The Collegium is already considering appointments to several High Courts, according to people familiar with the matter.

The discussions come as the judiciary works towards filling vacancies and strengthening the leadership of High Courts across the country.

Sources said the Collegium was also deliberating on the appointment of Chief Justices to the remaining High Courts.

The appointment of Chief Justices is an important part of the judicial administration process, particularly when vacancies arise in the leadership of High Courts.

Why comments were sought

The decision to seek comments from “both sides” follows allegations being made by opposing sides in relation to the appointments under consideration.

According to sources, the CJI wanted the allegations and responses to be placed before the Collegium before a final decision is taken.

Seeking comments allows the concerned individuals or sides to respond to allegations before the Collegium evaluates the matter.

The development highlights the scrutiny involved in appointments to constitutional courts.

What is the Collegium?

The Supreme Court Collegium is the body through which senior judges of the Supreme Court make recommendations for appointments and transfers of judges to the higher judiciary.

The Collegium is headed by the Chief Justice of India and includes other senior-most judges of the Supreme Court.

For High Court appointments, the process involves recommendations at the High Court level followed by consideration by the Supreme Court Collegium.

The final appointment is made through the constitutional process after the recommendation is approved by the government and the President.

Chief Justices of High Courts

The appointment of a Chief Justice is distinct from the appointment of an ordinary High Court judge.

Chief Justices have responsibility for the overall administration of their respective High Courts, including allocation of judicial work and administrative functioning.

Vacancies in these positions therefore require timely consideration.

The Collegium's deliberations on Chief Justice appointments are consequently being watched closely within the judicial system.

Allegations and judicial appointments

The latest development also highlights the scrutiny that can accompany judicial appointments.

Recommendations for judges are examined through several stages before appointments are finalised.

When allegations are raised against a candidate or concerning the appointment process, the Collegium can seek additional information or responses before reaching a decision.

In the present case, sources said comments were sought from both sides because allegations were being made by both parties.

Deliberations continue

The Collegium's consideration of the appointments is still underway.

The fact that comments have been sought does not by itself indicate that a particular candidate has been rejected or that an appointment has been cancelled.

The responses will form part of the information available to the Collegium as it considers the matter.

Sources said discussions on the appointment of Chief Justices to the remaining High Courts were also continuing.

What happens next?

The Collegium is expected to consider the responses and other relevant material before taking decisions on the appointments.

The timing of the final recommendations will depend on the outcome of the ongoing deliberations.

For now, the key development is that the CJI has sought comments from both sides amid allegations, while the Collegium continues its wider deliberations on appointments to the High Courts and the appointment of Chief Justices to the remaining High Courts.