SC collegium tightens process for selecting HC judges amid Justices Varma, Yadav controversies

The process was not just restricted to routine assessments. It included personal interactions based on merit like evaluation of judgments and understanding of law and also solicited candidates’ views on pressing legal issues.

The Collegium has been holding meetings and interviews with candidates since Tuesday, July 1 to fill up vacancies in various High Courts including those of Madhya Pradesh, Patna and Allahabad, the reports said. The meetings started on Tuesday morning and continued through Wednesday.

One day was reserved for candidates from the district judiciary, while the other had candidates from the Bar being interviewed. As per Bar & Bench, the three Collegium judges had long interactions with the candidates, each lasting for about half an hour.

The approach was re-initiated by Justice Sanjiv Khanna during his tenure. This has now been taken forward by the Justice Gavai-led Collegium.

Notably, the interviews were conducted by the current and two next-in-line Chief Justices of India. This suggests that this practice may continue in the future.

Among those interviewed were lawyers and judicial officers from the High Courts of Delhi, Madhya Pradesh, Patna, Rajasthan, and others.

These are happening during the Court's summer vacation, when the judges are engaging in administrative work, including tasks related to judicial appointments.

The development comes amid the ongoing controversies surrounding Justice Varma and Justice Yadav. Justice Varma is facing allegations of corruption after unaccounted cash was found at his residence in March, when he was a judge at the Delhi High Court. However, he has claimed ignorance about the cash.

Justice Yadav, on the other hand, sparked a controversy last year, when he said India will only operate as per the wishes of the majority. Following his allegedly ‘communal’ remarks, over 50 Opposition MPs had moved an impeachment motion against him.

The interview process is not new but the current Collegium has made the interactions more rigorous to judge the candidates thoroughly. Previously, the Collegium relied on inputs by the relevant State government, Supreme Court judges who hail from the concerned High Court and files/inputs by the Intelligence Bureau (IB) to appoint judges to the High Court.

However, as per a report in Hindustan Times, the Collegium headed by former CJI Sanjiv Khanna had started insisting on face-to-face meetings, amid the judiciary coming under the scanner following various controversies involving High Court judges.

The current Collegium is continuing with the same, while also having longer interactions with potential judges. As on July 1, there are 371 vacancies in the 25 High Courts across the country.

The Collegium has also been in a tussle with the Central government over the delay in clearing its recommendations. This has led to candidates withdrawing their consent for being appointed as judges. Recently, Supreme Court judge Justice Dipankar Datta had said that the external forces preventing the Collegium's recommendations from being acted upon, should be dealt with sternly.