Collegium recommends elevation of two HC chief justices to Supreme Court

The Supreme Court Collegium on Tuesday recommended the elevation of Justice Rajesh Bindal, Chief Justice of Allahabad High Court and Justice Aravind Kumar, Chief Justice of the Gujarat High Court as apex court judges.

The development comes at a time when the government has not yet cleared the previous recommendations made on December 13, 2022 for elevation of five judges to the Supreme Court. Presently, the top court is is functioning with 27 judges, seven short of the sanctioned strength of 34.

The Collegium has also faced repeated verbal attacks from constitutional functionaries, including Law Minister Kiren Rijiju, which was seen as the government's bid to secure a more active role in selecting judges.

On Tuesday, the six-member Collegium headed by Chief Justice of India D Y Chandrachud made the unanimous resolution to approve name of Justice Bindal, who hailed from the Punjab and Haryana High Court, and stood at number two in the combined all India seniority list of High Court judges, for appointment as a Supreme Court judge.

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However, on the name of Justice Kumar, who is originally from the Karnataka High Court, a Collegium member, Justice K M Joseph made reservations and opined that his name may be considered at a later date.

"After carefully evaluating the merit, integrity and competence of eligible chief justices and senior puisne judges of the High Courts and also accommodating a plurality of considerations, the Collegium finds the (two) persons to be more deserving and suitable in all respects for being appointed as Judges of the Supreme Court of India," a detailed statement said.

The Collegium, also comprising Justices Sanjay Kishan Kaul, K M Joseph, M R Shah, Ajay Rastogi and Sanjiv Khanna, said while recommending the two names, they have considered the seniority of Chief Justices and senior puisne Judges in their respective parent High Courts. They added that they have also considered the overall seniority of the High Court judges and the merit, performance, and integrity of the judges under consideration.

It also said the Collegium considered the need to ensure diversity and inclusion in the Supreme Court of persons from marginalised and backward segments of society, gender diversity, and representation of minorities.

On December 13, 2022, the Collegium recommended five names for appointment as Judges of the Supreme Court, namely Justice Pankaj Mithal, Justice Sanjay Karol, Justice P V Sanjay Kumar, Justice Ahsanuddin Amanullah, and Justice Manoj Misra.

"Their appointment is yet to be notified by the government. The Collegium resolves to recommend two more names for appointment as Judges of the Supreme Court against the two remaining vacancies," the Collegium said.

Justice Bindal was appointed as a Judge of the Punjab and Haryana High Court on March 22, 2006.

He was appointed as Chief Justice of the High Court of Judicature at Allahabad on October 11, 2021.

He is the seniormost Judge hailing from the Punjab and Haryana High Court, which is one of the largest High Courts with a sanctioned strength of 85 judges.

"The Punjab and Haryana High Court is not adequately represented on the bench of the Supreme Court. This is a common High Court for two States," the Collegium noted.

Justice Kumar was appointed as an additional judge of the Karnataka High Court on June 26, 2009 and as a permanent judge on December 7, 2012. He was elevated as Chief Justice of the High Court of Gujarat on October 13, 2021. Justice Kumar stands at serial number 26 in the combined all-India-seniority of High Court Judges. "While recommending his name, the Collegium is conscious of the fact that in the seniority of Judges hailing from the Karnataka High Court, Justice Kumar stands at serial number 02," it said.