The Madras High Court must break its silence, Pg8

Key Highlights:

• The Madras High Court Collegium recommended names for elevation on November 9, 2025, leading to a procedural dispute.
• The Tamil Nadu government sought clarification on the Collegium's composition, specifically regarding the inclusion and exclusion of certain judges.
• Justice Nisha Banu's transfer to the Kerala High Court and subsequent non-joining created uncertainty about her position in the Collegium.
• The State government questioned the legal basis for substituting Justice Nisha Banu with Justice M.S. Ramesh in the Collegium.

Detailed Insights:

• The issue arose when the State government questioned the non-inclusion of Justice Nisha Banu, a senior judge, in the Collegium recommending judges for elevation.
• The State government sought clarification on whether the substitution of judges was supported by any Supreme Court direction or constitutional principle.
• The Memorandum of Procedure mandates that the Chief Justice and the two seniormost judges recommend names for High Court appointments.
• Deviation from established procedures in judicial appointments can undermine the integrity of the process and lead to a constitutional crisis.
• The Collegium system has faced criticism for its lack of transparency, potential for nepotism, and under-representation of various groups.
• The article emphasizes that procedure is fundamental to the constitutional architecture and must be strictly followed to maintain legitimacy.
• The author suggests the Supreme Court should revisit the Collegium system to implement reforms ensuring clearer rules, published reasons, and mandatory disclosures.

Key Concepts Involved:

• Collegium System: A system where appointments and transfers of judges are decided by a body of senior judges.
• Memorandum of Procedure: A document outlining the procedures for appointment of judges to the High Courts and the Supreme Court.
• Judicial Independence: The principle that the judiciary should be free from influence or control from other branches of government or private interests.