Before SC Collegium: Can Acting CJs of HCs send names for judge appointments?, Pg3

Key Highlights:

• A controversy has arisen regarding the recommendations for judge appointments made by Justice Sanjeev Prakash Sharma, the Acting Chief Justice of the Rajasthan High Court.
• The Supreme Court Collegium is deliberating on how to treat these recommendations, given Justice Sharma's unusually long tenure as Acting Chief Justice since September 2025.
• Conventionally, Acting Chief Justices do not make recommendations for judicial appointments due to their temporary nature.
• Supreme Court Justice Sandeep Mehta has raised allegations against Justice Sharma, including manipulation of case listings and misuse of administrative powers.

Detailed Insights:

• One perspective within the Supreme Court Collegium suggests considering recommendations from an Acting Chief Justice on merit, especially if they have a prolonged tenure.
• An opposing view cautions that accepting such recommendations could normalize long-term temporary judicial appointments, reducing the urgency to appoint permanent Chief Justices.
• In 2020, the Supreme Court Collegium had accepted 18 names from then Acting Chief Justice Dharmadhikari of the Bombay High Court, despite objections from consultee judges regarding the short vetting period.
• The Centre subsequently returned these names, citing the reservations expressed by the consultee judges.
• In 2022, the Centre raised objections to 12 names recommended by then Rajasthan High Court Chief Justice Akil Kureshi, citing his impending retirement, but the Supreme Court Collegium sought specific intelligence-based objections.
• Chief Justice of India Surya Kant responded to the allegations against Justice Sharma by stating that such matters must be addressed through institutional channels rather than the media.
• Justice Sharma's judicial career included transfers between the Rajasthan High Court, Patna, and the Punjab and Haryana High Court before his return to the Rajasthan High Court in 2025.

Key Concepts Involved:

• Supreme Court Collegium: A body of Supreme Court judges responsible for the appointment and transfer of judges to the Supreme Court and High Courts.
• Acting Chief Justice (ACJ): A judge temporarily appointed to perform the duties of the Chief Justice of a High Court in the absence of a permanent appointee.
• Consultee Judges: Senior Supreme Court judges who previously served in a particular High Court and are consulted by the Supreme Court Collegium for appointments to that High Court.