SC Collegium Recommends Year Extension for Nine Calcutta HC Judges

The Supreme Court collegium, led by Chief Justice D Y Chandrachud, has proposed to the Centre that the terms of nine additional judges at the Calcutta High Court be extended by one year. Justices Sanjiv Khanna and B R Gavai are also part of this collegium, which is responsible for selecting high court judges.

The collegium did not suggest these judges for permanent positions at this time. The Supreme Court Collegium's resolution stated, "The Supreme Court Collegium has recommended the names of Shri Justices i Biswaroop Chowdhury, ii Partha Sarathi Sen, iii Prasenjit Biswas, iv Uday Kumar, v Ajay Kumar Gupta, vi Supratim Bhattacharya, vii Partha Sarathi Chatterjee, viii Apurba Sinha Ray, and ix Md. Shabbar Rashidi, Additional Judges of the High Court at Calcutta, for appointment as Additional Judges for a fresh term of one year."

High Court Collegium's Recommendations

On April 29, the high court collegium had unanimously recommended these nine additional judges for permanent appointments. However, the Chief Minister and Governor of West Bengal have not yet provided their opinions on this recommendation.

The Department of Justice has forwarded this recommendation by invoking Para 14 of the Memorandum of Procedure. This procedure states that if comments from state constitutional authorities are not received within a specified timeframe, it is assumed that they have no objections to the proposal.

Consultation with SC Judges

To determine the suitability of these additional judges for permanent positions, the Supreme Court collegium consulted with SC judges familiar with the Calcutta High Court's operations. After evaluating their suitability and other factors, the collegium decided that these additional judges could be reappointed for another year starting August 31, 2024.

The resolution noted that the collegium had considered various aspects before making this decision. It was deemed appropriate to extend their terms rather than appoint them as permanent judges at this stage.

In summary, while the high court collegium had pushed for permanent appointments, the Supreme Court collegium opted for a one-year extension. This decision was made after thorough consultations and evaluations to ensure the continued effectiveness of the Calcutta High Court's judicial operations.