In the past, the Supreme Court has imposed strict boundaries on when it can reassess decisions made by High Courts regarding judicial appointments or direct them to reconsider their choices. On Friday, however, Justices Hrishikesh Roy and P K Mishra determined that the current matter warranted review.

The collegium system, responsible for the appointment and transfer of Supreme Court and High Court judges, was established by a nine-judge Bench in the 1993 case Supreme Court Advocates-on-Record Association vs Union of India, also referred to as the Second Judges Case.

This ruling made the recommendations of the Supreme Court collegium mandatory for the government, thereby granting the judiciary the authority to appoint and transfer judges in the higher courts. Under this system, judges select other judges, and while the government can delay appointments, it does not have the power to outright reject the collegium’s nominees.

In 1998, the Supreme Court responded to a set of queries from then-President K R Narayanan by further clarifying the working of the collegium system, a decision known as the Third Judges Case.

The Court ruled that the collegium for High Court appointments would consist of the Chief Justice of India (CJI) and the two most senior judges of the Supreme Court. This collegium must consult the Chief Justice and senior judges of the concerned High Court, the most senior Supreme Court judge from that High Court, and any other Supreme Court judges familiar with the functioning of that court.

The court also outlined specific, limited grounds on which a recommendation could be contested. One reason would be the absence of “effective consultation” with the necessary individuals or bodies. Another would be if the proposed candidate lacked the necessary qualifications to become a judge, as defined by Articles 217 (for the High Court) and 124 (for the Supreme Court) of the Constitution.

In December 2022, the High Court collegium, consisting of the Chief Justice and the two senior-most judges, recommended district judges Chirag Bhanu Singh and Arvind Malhotra for elevation to the High Court. On January 4, 2024, the Supreme Court collegium returned this recommendation to the High Court’s Chief Justice for reconsideration.

However, on April 23, the High Court collegium nominated two other judicial officers for promotion to the High Court, prompting Singh and Malhotra to petition the Supreme Court, claiming that the High Court collegium had overlooked their seniority.

In both the Second and Third Judges cases, the Supreme Court emphasized the significance of considering judges’ seniority when making recommendations for appointments.

Following the guidance from the Third Judges Case, the central government and the Supreme Court formulated a Memorandum of Procedure (MOP) in 1998, outlining the process for appointing High Court judges from the initial stages.

As part of this procedure, the Chief Justice of the High Court must consult the two most senior judges of the High Court, forming the High Court collegium. This body sends its recommendations, along with reasons, to the Chief Minister, Governor, and CJI.

The Governor, based on the Chief Minister’s advice, forwards the proposal to the Union Law Minister, who conducts a background check before submitting all the relevant documents to the CJI, who reviews them with the