In a significant observation regarding the appointment of judges, the Supreme Court has clarified that the selection process for judges in High Courts and the Supreme Court by the Collegium is not subject to judicial review. The apex court further asserted that the Collegium's selection process falls outside the ambit of the Right to Information (RTI) Act, and the court will not intervene in these decisions.
Background of the Petition
A vacation bench comprising Justice BV Nagarathna and Justice Joymalya Bagchi was hearing a petition filed by Arvind Malhotra, a senior judicial officer from Himachal Pradesh. Malhotra alleged that the Himachal Pradesh High Court Collegium failed to properly consider his candidature for the post of High Court judge, despite earlier directives from the Supreme Court. His counsel, senior advocate Balbir Singh, argued that despite the Supreme Court's order dated September 6, 2024, which criticized unilateral decisions by the then Chief Justice of the Himachal Pradesh High Court, the candidate's responses and eligibility were ignored.
Scope of Judicial Review
During the proceedings, the bench stated clearly that they do not wish to open a Pandora's box. The court remarked that the process of selecting judges is based entirely on the subjective satisfaction of the Collegium, leaving no room for judicial intervention. The court clarified that seniority alone does not grant an individual a legal right to be appointed as a High Court judge. Consequently, the recommendation of a junior officer does not provide a senior officer with the right to challenge the decision in court.
Process and Future Outlook
The Supreme Court emphasized that once the Supreme Court Collegium reaches a final decision after reviewing all available documents and material received from the government, the accuracy of that decision cannot be debated from a judicial standpoint. It is worth noting that on June 2, the Supreme Court Collegium had approved Chirag Bhanu Singh, Bhupesh Sharma, and Yogesh Jaswal for appointment as High Court judges after consultations. However, the court did not leave Arvind Malhotra without recourse; the bench granted him the liberty to approach the relevant High Court to expedite his pending departmental inquiry, advising him to be patient as he is still young.
