Judiciary – Collegium System – Whether elevation for judgeship in the High Court has to be considered collectively by the Collegium of the High Court or whether the Chief Justice acting individually can reconsider the same? The process of judicial appointments to a superior court is not the prerogative of a single individual. Instead, it is a collaborative and participatory process involving all Collegium members. The underlying principle is that the process of appointment of judges must reflect the collective wisdom that draws from diverse perspectives. Such a process ensures that principles of transparency and accountability are maintained (Para 18)-The Chief Justice of a High Court cannot individually reconsider a recommendation and it can only be done by the High Court Collegium acting collectively (Para 31) -The Supreme Court Collegium does not sit in appeal over the High Court Collegium. It is a participatory process where each of the Constitutional functionaries have a role to play. In our opinion, the language therein by itself cannot be understood as permitting the Chief Justice of the High Court to act on his own, in matters of recommendation or even reconsideration, for elevation to the High Court bench. The recommendation by the Supreme Court Collegium for reconsideration, is not expected to be addressed individually to all the members of the High Court Collegium. Such communications are naturally addressed to the Chief Justice of the concerned High Court but as noted earlier, the letter addressed to the Chief Justice will not enable the Chief Justice to act without participation by the other two Collegium members. (Para 25)There is also a need to protect certain sensitive information in matters involving appointment of judges. While transparency is necessary to ensure fairness and accountability, it must be carefully balanced with the need to maintain confidentiality. Disclosing sensitive information would compromise not only the privacy of the individual but also the integrity of the process. (Para 29)
Constitution of India,1950; Article 32,226- The absence of consultation amongst the members of the Collegium would be within the limited purview of judicial review- ‘Lack of effective consultation’ and ‘eligibility’ falls within the scope of judicial review. ii) ‘Suitability’ is non-justiciable and resultingly, the ‘content of consultation’ falls beyond the scope of judicial review. (Para 15-17)