Collegium moves to fill chief justice vacancies

Supreme Court collegium has recommended the elevation of five serving high court judges as chief justices across different jurisdictions, seeking to prevent leadership gaps caused by a cluster of scheduled retirements and transfers over the coming months.

The recommendations were finalised at a meeting on 18 December by the collegium, which comprises the Chief Justice of India and the four seniormost judges of the apex court. The proposals will now move to the Union government for approval before formal appointments are notified, following the established process under the Constitution.

Vacancies at the level of chief justice have emerged as a persistent administrative concern within the higher judiciary, with several high courts either functioning under acting arrangements or preparing for transitions as incumbent chief justices near the end of their tenure. According to officials familiar with the deliberations, the collegium’s decision was shaped by the need to ensure continuity in judicial administration while maintaining seniority norms and regional balance.

The five judges recommended for elevation are all currently serving on different high courts and have been identified based on their seniority, experience, and prior administrative roles. The collegium is understood to have assessed factors such as length of service, exposure to complex constitutional and commercial matters, and earlier stints as acting chief justices or members of key administrative committees. Transfers linked to the recommendations are also expected, as elevations to the post of chief justice usually involve posting judges to high courts other than their parent courts.

Judicial appointments at the level of chief justice carry particular significance, as these judges oversee roster allocation, administrative functioning, and the pace of case disposal in their respective high courts. With several courts grappling with mounting backlogs and infrastructure constraints, stable leadership is viewed within the judiciary as essential to sustaining reform measures and ensuring consistent policy direction.

The collegium’s meeting on 18 December followed weeks of internal consultations and inputs from intelligence and administrative agencies, which are part of the standard vetting process. Once the Union law ministry processes the recommendations, they are forwarded to the President for final approval. While the government retains the option to seek reconsideration, such instances have become less frequent following repeated judicial affirmations of the collegium system’s primacy in judicial appointments.

Legal observers note that the timing of the recommendations reflects an effort to anticipate vacancies rather than react to them. Over the past year, several high courts have seen prolonged periods without permanent chief justices, leading to concerns about delays in administrative decisions, judicial postings, and disciplinary oversight. Acting chief justices, while constitutionally empowered, often operate with limited tenure, which can constrain long-term planning.

The collegium has faced sustained scrutiny in recent years over transparency and diversity in appointments. In response, it has increasingly issued brief resolutions outlining the rationale behind selections, including references to merit, integrity, and institutional needs. Although detailed reasons are not always made public, the practice is seen as an attempt to balance confidentiality with public accountability.

Within the judiciary, the elevation of serving judges to chief justiceships is also viewed as a crucial step in building a pipeline for future appointments to the Supreme Court. Experience as a chief justice of a high court has traditionally been regarded as an important indicator of readiness for elevation to the apex court, particularly for judges who demonstrate administrative competence alongside judicial acumen.

The recommended appointments are expected to affect multiple high courts across different regions, potentially triggering a series of consequential transfers at the senior judge level. Such movements are a routine feature of the collegium’s effort to maintain equilibrium and prevent excessive localisation within any single court.
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