SC collegium recommends Chief Justices of Allahabad, Gujarat HCs as judges of apex court

The Supreme Court collegium on Tuesday has recommended the elevation of Allahabad High Court Chief Justice Rajesh Bindal and Gujarat High Court's Chief Justice Aravind Kumar as judges of the apex court.

The collegium's resolution published on the apex court website said: "After carefully evaluating the merit, integrity and competence of eligible Chief Justices and senior puisne Judges of the High Courts and also accommodating a plurality of considerations, the Collegium finds the following persons to be more deserving and suitable in all respects for being appointed as Judges of the Supreme Court of India: Justice Rajesh Bindal, Chief Justice, High Court of Judicature at Allahabad, (PHC: Punjab & Haryana), and Justice Aravind Kumar, Chief Justice, High Court of Gujarat, (PHC: Karnataka)."

The collegium is headed by Chief Justice D.Y. Chandrachud and comprises Justices Sanjay Kishan Kaul, K.M. Joseph, M.R. Shah, Ajay Rastogi, and Sanjiv Khanna.

It further added that collegium deliberated on and discussed the names of Chief Justices and senior puisne judges of the high courts eligible for appointment to the Supreme Court. "Judgments authored by those falling in the zone of consideration for elevation to the Supreme Court were circulated among the members of the Collegium for a meaningful discussion on and assessment of their judicial acumen," said the resolution.

On December 13, 2022, the collegium recommended five names for appointment as judges of the Supreme Court, namely Justice Pankaj Mithal, Justice Sanjay Karol, Justice P.V. Sanjay Kumar, Justice Ahsanuddin Amanullah, and Justice Manoj Misra. Their appointment is yet to be notified by the government.

The Supreme Court has a sanctioned strength of 34 judges and is presently functioning with 27 judges. Thus, there are seven clear vacancies.

Detailing on the reasons for selection of two Chief Justices for elevation to the apex court, the collegium said while recommending the two names it has taken into consideration the following aspects: The seniority of chief justices and senior puisne judges in their respective parent high courts as well as overall seniority of the high court judges; and the merit, performance and integrity of the judges under consideration.

It further added, "The need to ensure diversity and inclusion in the Supreme Court by: (i) representation of High Courts which are not represented or are inadequately represented, in the Supreme Court; (ii) appointing persons from marginalised and backward segments of society; (iii) gender diversity; and (iv) representation of minorities. The Collegium resolves to recommend that (i) Mr Justice Rajesh Bindal and (ii) Mr Justice Aravind Kumar, be appointed as Judges of the Supreme Court of India."

The collegium said the names recommended earlier by the Collegium by its resolution dated December 13, 2022 shall have precedence over the two names recommended presently for appointment to the Supreme Court.

"The resolution of the Collegium in regard to the appointment of Mr Justice Rajesh Bindal, Chief Justice of the High Court of Judicature at Allahabad is unanimous. However, in regard to the appointment of Mr Justice Aravind Kumar, Chief Justice of the High Court of Gujarat, Justice K.M. Joseph has expressed his reservations on the ground that his name can be considered at a later stage," said the collegium.

Justice Bindal was appointed as a judge of the Punjab and Haryana High Court on March 22, 2006. He was appointed as Chief Justice of the Allahabad High Court on October 11, 2021, and stands at serial No.2 in the combined All India seniority of high court judges and he is the seniormost judge hailing from the Punjab and Haryana High Court.

"While recommending his name, the Collegium has taken into consideration the fact that the Punjab and Haryana High Court which is one of the largest High Courts with a sanctioned strength of eighty five judges is not adequately represented on the Bench of the Supreme Court. The High Court of Punjab and Haryana is a common High Court for two States," added the resolution.

Justice Aravind Kumar was appointed as an Additional Judge of the Karnataka High Court on June 26, 2009 and as permanent judge on December 7, 2012. He was elevated as Chief Justice of the Gujarat High Court on October 13, 2021.

"Mr Justice Aravind Kumar stands at Sl. No.26 in the combined All India seniority of High Court Judges. While recommending his name, the Collegium is conscious of the fact that in the seniority of Judges hailing from the Karnataka High Court, Mr Justice Aravind Kumar stands at Sl. No.02 and that at present, the Bench of the Supreme Court is represented by two Judges from the Karnataka High Court," said the resolution.