Following the retirement of the second-most senior judge of the Supreme Court, Justice Sanjay Kishan Kaul, on December 25, Justice Aniruddha Bose has been newly appointed to the five-judge Supreme Court Collegium.
The Collegium is responsible for recommending names for elevation to the Supreme Court and the transfer of High Court judges.
The current Supreme Court Collegium comprises Chief Justice of India DY Chandrachud and Justices Sanjiv Khanna, BR Gavai, Surya Kant, and Justice Bose. Justice Bose is slated to be part of the collegium until April 10, 2024.
With the retirement of Justice Kaul, Justice Gavai will join the Chief Justice and Justice Khanna in the three-judge collegium, which is tasked with recommending names for the appointment of judges to the High Courts.
During his tenure, Justice Kaul, while addressing a case related to names cleared by the Collegium pending with the government, expressed concerns about the government’s influence on judicial seniority through “selective” appointments and transfers of High Court judges. He warned that such actions might prompt responses from the Collegium, leading to potentially “embarrassing” outcomes.
Justice Kaul had previously cautioned the Centre against selectively bypassing individuals recommended by the Collegium for judicial appointments, either due to their political affiliations or for representing cases against the government in court. He criticized the government’s “pick-and-choose policy” in both the appointment and transfers of High Court judges, emphasizing that it was a matter of “great concern.”
