SC Collegium Recommends Chief Justices for 4 High Courts, 3 Still Vacant
The Supreme Court collegium, led by Chief Justice of India Surya Kant, has recommended the appointment of four High Court judges as Chief Justices of the Bombay, Calcutta, Patna, and Punjab & Haryana High Courts. This comes at a time when seven of the country's 25 High Courts are functioning without permanent Chief Justices.
According to the recommendations, Justice Mahesh Chandra Tripathi, a judge of the Allahabad High Court, has been proposed for the Bombay High Court; Justice Ravindra V. Ghuge, currently acting Chief Justice of the Bombay High Court, has been recommended for the Calcutta High Court; Justice V. Kameshwar Rao of the Delhi High Court has been named for the Patna High Court; and Justice Ashwini Kumar Mishra, the acting Chief Justice of the Punjab & Haryana High Court, has been recommended for the same court on a regular basis.
The collegium, however, has yet to decide on candidates for the Rajasthan, Jammu & Kashmir, and Madhya Pradesh High Courts. These courts are currently headed by acting Chief Justices Sanjeev Prakash Sharma, Sanjeev Kumar, and Vivek Rusia, respectively.
The five-member collegium, which also includes Justices Vikram Nath, B.V. Nagarathna, M.M. Sundresh, and P.S. Narasimha, separately recommended the transfer of two Orissa High Court judges. Justice Manas Ranjan Pathan is proposed for transfer to the Gujarat High Court, and Justice Krushna Ram Mohapatra to the Chhattisgarh High Court, for what the collegium described as better administration of justice.
This transfer decision has raised concerns because the Orissa High Court is already severely short-staffed. With a sanctioned strength of 33 judges, it currently has only 17 judges, including the Chief Justice. If the two transfers take effect, the working strength will drop to 15, leaving more than half the judicial posts vacant.
The Orissa High Court collegium had earlier suggested eight names—four advocates and four judicial officers—for appointment as judges of the High Court. These names were forwarded to the Supreme Court collegium for scrutiny and final recommendations.
The Orissa High Court has also not had representation in the Supreme Court for over eight years. Since the retirement of Chief Justice Deepak Misra on October 2, 2018, more than 50 judges have been appointed to the Supreme Court, but none from the Orissa High Court. This has occurred despite successive Chief Justices of India advocating for regional and state representation in the top court to make it a truly national institution.
Judicial experts note that filling vacancies in High Courts is critical for timely disposal of cases. Acting Chief Justices function with limited authority compared to regular Chief Justices, and prolonged vacancies can affect administrative and judicial work.
