Five recent Supreme Court Collegium recommendations that were recalled or not acted upon by the Central government

Even though the Supreme Court Collegium has primacy when it comes to appointments and transfers of judges in higher courts in India, the Central government has often refused to act on some of its recommendations..This has many a time led to the Collegium itself recalling its own decisions owing to the government's failure to notify appointments and transfers on time, the latest such example being that of Justice S Muralidhar..Here are five such instances in the recent past when judges’ transfers and appointments have inevitably ended up in cold storage. These recent instances highlight the challenges and controversies associated with the system of judicial appointments, and the need to bring in more efficiency and accountability to the process..Justice S Muralidhar.On April 19, 2023 the Supreme Court Collegium recalled its recommendation to transfer Orissa High Court Chief Justice Justice S Muralidhar to the Madras High Court. A resolution to this effect stated that Justice Muralidhar will be a judge only four three more months before his retirement in August this year.The Collegium had recommended his transfer as Chief Justice of the Madras High Court on September 28, 2022. The Central government sat on this recommendation for more than six months, for reasons best known to itself.Seeing no point in reiterating its recommendation given the judge's imminent superannuation, the Collegium recalled the same.The decision paved the way for the recommendation to appoint Bombay High Court Acting Chief Justice SV Gangapurwala as Chief Justice of the Madras High Court..Justice Muralidhar, who began his law practice in Chennai in September 1984, was appointed as a judge of the Delhi High Court in 2006.He was transferred to the Punjab & Haryana High Court as a puisne judge on March 6, 2020 before being elevated as Chief Justice of Orissa High Court on January 4, 2021. There was considerable clamour over his transfer from the Delhi High Court to the Punjab & Haryana High Court back in 2020. This took place in the backdrop of the judge holding an emergency hearing in the wake of the Delhi Riots. While hearing the PIL seeking safe passage for ambulances carrying the injured riot victims, the judge had pulled up the Delhi Police for its role in the violence.The very next day, the Union Ministry of Law & Justice issued a notification transferring Justice Muralidhar to the Punjab & Haryana High Court.In his farewell speech at the Delhi High Court, the judge explained the circumstances leading to the transfer. .Justice K Vinod Chandran.In December 2022, the Supreme Court Collegium recommended the appointment of Justice K Vinod Chandran as Chief Justice of the Gauhati High Court.However, the recommendation was recently recalled by the Collegium. He was instead recommended for the post of Chief Justice of the Patna High Court, which fell vacant owing to the elevation of Justice Sanjay Karol to the Supreme Court..Justice Chandran, the Collegium stated, was the senior-most judge of the Kerala High Court with vast experience. It, therefore, found him “fit and suitable” for the position of the top judge of the Patna High Court.He was sworn in as an additional judge of the Kerala High Court on November 8, 2011 and confirmed on June 24, 2013. He will retire on April 24, 2025..Justice Akil Kureshi.The tenure of Justice Akil Kureshi remains one of the most talked about in the legal corridors. Wherever he went, he had the support of the bar, as was evident from the protests against his transfer.In 2018, Justice Kureshi was transferred to the Bombay High Court when he was set to take over as Acting Chief Justice of the Gujarat High Court, his parent high court.Justice R Subhash Reddy, the then Chief Justice of the Gujarat High Court, had been elevated to the Supreme Court..As per the norm, the senior-most judge of the High Court usually takes over as the acting Chief Justice till the appointment of a permanent Chief Justice.But the Supreme Court Collegium recommended his transfer to the Bombay High Court as a puisne judge. The resolution stated that the same was made “in the interest of better administration of justice.”He had only two weeks as acting Chief Justice of the Gujarat High Court before taking charge at the Bombay High Court. Meanwhile, the Centre notified the appointment of Justice AS Dave, the second senior most judge, as acting Chief Justice, superseding Justice Kureshi..In May 2019, the Collegium had recommended his appointment as Chief Justice of the Madhya Pradesh High Court. The Central government sat on the recommendation for some time before sending it back in August 2019.In September that year, the Collegium modified its earlier resolution and recommended his appointment as Chief Justice of the Tripura High Court instead.In August 2021, although the Supreme Court Collegium recommended nine High Court judges for elevation to the Supreme Court, Justice Kureshi’s name was left out despite his being second on the seniority list of all High Court judges in India.In September 2021, the Collegium recommended his transfer to the Rajasthan High Court as its Chief Justice. He remained there till his retirement in March 2022. .In his farewell speech at the Rajasthan High Court, he said,“Regarding changing my recommendation from Madhya Pradesh to Tripura, it is stated that the government had some negative perception about me based on my judicial opinions. As a judge of constitutional court whose most primary duty is to protect fundamental and human rights of citizens, I consider it a certificate of independence."The controversial supersession not only prompted the legal fraternity in Gujarat to go up in arms over the treatment of the judge, but also raised larger questions regarding the functioning of the Collegium..Justice Sabina.Justice Sabina, whose seniority was pointed out to be the basis of her elevation, superannuated on April 19 even as the Collegium recommendation for her appointment as Chief Justice of the Himachal Pradesh High Court remained pending.She served as Acting Chief Justice of the High Court till her retirement.Justice Sabina, whose parent High Court is the Punjab & Haryana High Court, was appointed as an additional judge on March 12, 2008 and made a permanent judge in 2010..In 2016, she was transferred to the Rajasthan High Court, where she served as a judge for five years before taking oath as a judge of the Himachal Pradesh High Court in 2021..Justice T Raja.Following executive inaction, the Supreme Court Collegium reiterated its recommendation to transfer Acting Chief Justice of the Madras High Court Justice T Raja to the Rajasthan High Court on April 19.The first proposal for his transfer was made on November 16, 2022 and the Collegium affirmed its decision when the judge sought a reconsideration of the proposed transfer.While the Centre is yet to give its nod, the Collegium resolution has insisted that his recommendation for transfer be implemented “at the earliest”..It also underlined that the pending decision on Justice Raja's transfer should not come in the way of the appointment of Bombay High Court judge Justice SV Gangapurwala as Chief Justice of the Madras High Court, which has remained without a Chief Justice for nearly seven months..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.