In the latest round of tussle between the Union government and the Supreme Court Collegium, the former appears to have wrested primacy.
The Collegium’s resolution, uploaded on April 19, recalling its recommendation to transfer the Chief Justice of the Orissa high court, S. Muralidhar, to the Madras high court, makes clear its helplessness, in the face of the government’s defiance for over six months.
Although the Collegium found it expedient to recall its recommendation, it has chosen to make its displeasure public over the development.
“The recommendation has remained pending with the Government of India since then without any response. Dr. Justice Muralidhar now demits office on 7 August 2023 leaving less than 4 months’ time”, the resolution reads.
Also read: Justice Muralidhar on the Distinction Between Neutrality and Impartiality
In view of this delay, the Collegium has stated that it recalled the recommendation on Chief Justice Muralidhar to facilitate the appointment of a permanent Chief Justice – Justice S.V. Gangapurwala – at the Madras high court, which has remained without a permanent Chief Justice for more than six months.
The resolution has been signed by the five-member Collegium, comprising the Chief Justice of India, D.Y. Chandrachud, and Justices Sanjay Kishan Kaul, K.M. Joseph, M.R. Shah and Ajay Rastogi.
With the Collegium noting that only four months are left for the retirement of Chief Justice Muralidhar from the Orissa high court, it is doubtful whether it would make a fresh recommendation to elevate him to the Supreme Court. Eight vacancies are likely to arise this year following the retirement of Supreme Court Judges.
The following judges are likely to retire this year:
| Judge | Date of retirement |
| Justice Sanjay Kishan Kaul | December 15, 2023 |
| Justice K.M. Joseph | June 6, 2023 |
| Justice M.R. Shah | May 15, 2023 |
| Justice Ajay Rastogi | June 17, 2023 |
| Justice Dinesh Maheshwari | May 14, 2023 |
| Justice S. Ravindra Bhat | October 20, 2023 |
| Justice V. Ramasubramanian | June 29, 2023 |
| Justice Krishna Murari | July 8, 2023 |
In all-India seniority of high court Chief Justices, Justice Muralidhar, along with the Chief Justice of Uttarakhand high court, Vipin Sanghi come second, with both having joined as Additional Judges on May 29, 2006. The Chief Justice of the Punjab and Haryana high court, Ravi Shanker Jha, is senior to both Justice Muralidhar and Justice Sanghi, as his date of appointment as Additional Judge is October 18, 2005.
Chief Justice Sanghi retires on October 26 this year.
The parent high court for both is Delhi.
Seniority among high court judges is determined as per their date of appointment as Additional Judges. Chief Justice Jha retires on October 13 this year. The Collegium follows an informal criteria to recommend elevation of incumbent Chief Justices of high courts to fill most vacancies in the Supreme Court, although high court judges who are not Chief Justices are also considered for appointment in terms of their all-India seniority.
The age of retirement for high court judges is 62 years whereas Supreme Court judges retire at the age of 65 years.
As the Collegium also considers regional representation among Supreme Court judges, it is likely to consider those with Delhi high court as the parent high court, in view of the fact that two of the eight Supreme Court Judges retiring this year have Delhi high court as the parent high court. They are Justice Sanjay Kishan Kaul and Justice S. Ravindra Bhat.
It remains to be seen whether the Collegium will recommend Justices Muralidhar and Sanghi to fill the Delhi quota among the Supreme Court judges.
Other recommendations
The Collegium has disclosed that the Acting Chief Justice of the Madras high court, T. Raja, has sought reconsideration of his transfer to Rajasthan high court, which it had recommended on November 16 last year. But the Collegium affirmed its earlier decision to transfer him as a judge of the Rajasthan high court. If transferred, Justice Raja will have a very short tenure, as he will be retiring on May 24.
The resolution reveals that it has recommended the appointment of Justice Augustine G. Masih (who is currently senior-most judge in the Punjab and Haryana high court) as the Chief Justice of the Rajasthan high court, as he is senior to Justice Raja. The Collegium has made it clear that Justice Raja’s continuation as a judge of the Madras high court cannot be an impediment to the appointment of Justice S.V. Gangapurwala as the Chief Justice of the Madras high court. Justice Gangapurwala is currently the Acting Chief Justice of the Bombay high court.
The Collegium has also recommended the elevation of Justice S.V. Bhatti, the senior-most judge from the Andhra Pradesh high court as the next Chief Justice of the Kerala high court, after the retirement of the present Chief Justice, S. Manikumar.
Besides, the Collegium has recommended the elevation of Justice M.S. Ramachandra Rao, a judge of the Punjab and Haryana high court as the Chief Justice of the Himachal Pradesh high court. It recommended the elevation of Justice Ramesh D. Dhanuka, as the next Chief Justice of the Bombay high court, although he will have a tenure of just little over a month.