SC Collegium’s Big High Court Shake-Up: New Chief Justices Recommended for 3 HCs

The Supreme Court Collegium’s recommendation of new Chief Justices for Rajasthan, Madhya Pradesh and Jammu & Kashmir and Ladakh marks a leadership change at three High Courts. Recommendations were made August 31 by the Collegium headed by CJI Surya Kant.

Justice Sanjay K Agrawal of the Chhattisgarh High Court has been recommended as Chief Justice of Rajasthan, Justice Alpesh Yeshwant Kogje of the Gujarat High Court for Madhya Pradesh, and Justice Dr Pushpendra Singh Bhati of the Rajasthan High Court for Jammu & Kashmir and Ladakh. The Collegium has also separately recommended Justice Krushna Ram Mohapatra of the Orissa High Court as Chief Justice of Chhattisgarh.

The Rajasthan recommendation comes amid an unusual controversy. Supreme Court judge Justice Sandeep Mehta wrote three letters to the CJI on August 2, 10 and 17, alleging maladministration, misuse of administrative powers, manipulation of case listings, favouritism and nepotism by Acting Chief Justice Sanjeev Prakash Sharma. Mehta sought the immediate appointment of a permanent Chief Justice from another High Court, arguing that institutional leadership required greater independence and distance from local pressures.

The allegations remain allegations, not judicial findings. CJI Surya Kant sought Justice Sharma’s response, stressing that such complaints must be handled through due process. Lawyers protested, and Sharma subsequently opted out of hearing cases.

The Collegium’s recommendations now enter the executive stage. The Union Ministry of Law and Justice processes the recommendations and places them before the Prime Minister. The Prime Minister advises the President, who formally appoints High Court Chief Justices under Article 217 of the Constitution.

The government can return a recommendation for reconsideration, but if the Collegium reiterates it, established constitutional practice requires the appointment to proceed. Thus, the Collegium has the decisive role in selecting and recommending candidates, while the Union government conducts the executive processing and the President issues the appointment.

For Rajasthan, Justice Agrawal’s transfer from Chhattisgarh provides the out-of-state leadership Justice Mehta had sought, although the recommendation itself does not establish the allegations against Justice Sharma.