Relevance: GS-2 (Judiciary, Separation of Powers); Source: The Hindu

The Madras High Court Collegium’s recent recommendations for appointing district judges to the High Court have been questioned by the Tamil Nadu government. 

The concern is whether the Collegium was correctly constituted, as a senior judge was reportedly excluded without clear justification.

What Is the Issue?

A High Court Collegium must include:

• The Chief Justice, and
  
• The two senior-most judges.
  

In this case, a senior judge (Justice Nisha Banu) was not included, raising doubts about:

• Procedural validity,
  
• Transparency, and
  
• Judicial independence.
  

If the body recommending appointments is not properly formed, the recommendations themselves may become constitutionally questionable.

How High Court Judges Are Appointed

1. Governed by Articles 217 & 223.
   
2. High Court Collegium recommends names → State Government → Supreme Court Collegium → President.
   
3. The Memorandum of Procedure (MoP) guides this process and requires:
   •  Adherence to seniority
   •  Written reasons for deviations
   •  Consultation with the judiciary and State
     

Broader Issues with the Collegium System 

Lack of transparency and publicly stated criteria; Perception of nepotism and opacity; No clear framework for handling State objections; Long-pending demand for MoP reform and clearer disclosure norms

Q. With reference to the appointment of High Court judges, consider the following statements:

1. The Constitution explicitly provides for the Collegium System.
   
2. The Memorandum of Procedure requires that the two senior-most judges of the High Court must be part of the recommending Collegium.
   
3. The State Government’s objections are binding on the Supreme Court Collegium.
   

Which of the statements given above is/are correct?
A. 2 only
B. 1 and 3 only
C. 2 and 3 only
D. 1 and 2 only