Two judges from Himachal Pradesh challenged the collegium’s decision.The Supreme Court gave a historic decision on this petition.The Himachal Collegium decision was overturned by the Supreme Court.
New Delhi. It has been held that the collegium constituted for the appointment of judges cannot be challenged. The Supreme Court broke this myth on Friday. Two senior district judges of Himachal Pradesh challenged the decision of the Himachal Pradesh Collegium in the Supreme Court. In their petition, the two judges said they were entitled to be promoted to the High Court but their candidature was ignored. After the hearing, the Supreme Court on Friday rejected the decision of the Himachal Pradesh Collegium for the first time.
While accepting the petition, the Supreme Court considered it worthy of consideration. The Supreme Court quashed the selection process conducted by the collegium earlier this year. A bench of Justices Hrishikesh Roy and Prashant Kumar Mishra said the collegium’s decision was vitiated by lack of consultation as the Chief Justice of the High Court had personally decided not to reconsider the names of the two district judges. While delivering the verdict, the bench said that this decision should have been taken in consultation with other judges of the collegium of the Chief Justice of the High Court.
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The decision of the Himachal Pradesh Collegium was rejected
The Supreme Court rejected the Himachal Pradesh Collegium decision for “lack of effective consultation”. The bench directed that the High Court collegium should now reconsider the names of the two district judges as per the criteria laid down for the selection mechanism under the Memorandum of Procedure (MoU), which governs the appointment of judges to constitutional courts. leads to This decision of the Supreme Court is the first instance of the intervention of the Supreme Court in the decision of the collegium. Such matters are usually dealt with administratively by the court. Courts often avoid hearing appeals against collegium decisions.
The recommendation of the Supreme Court collegium was ignored.
District judges Chirag Bhanu Singh of Bilaspur and Arvind Malhotra of Solan had approached the Supreme Court in May, alleging that the collegium of the Himachal Pradesh High Court had ignored both their qualifications and seniority. It also ignored the Supreme Court collegium’s recommendation to consider their names for appointment as High Court judges. Singh has also been a registrar in the Supreme Court on deputation.
Tags: Himachal Pradesh News, The Supreme Court
First Publication: September 6, 2024, 11:55 PM IST
