Lok Sabha Question No. 1186 (UNSTARRED), answered on 2024-02-09
Subject: Elevation of High Court Judges
Ministry: LAW AND JUSTICE
Asked by: Manish Tewari

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA UNSTARRED QUESTION NO. 1186

## TO BE ANSWERED ON FRIDAY, THE 09.02.2024

## Elevation of High Court Judges

## 1186. SHRI MANISH TEWARI:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether  the  Supreme  Court  collegium,  consisting  of  Chief  Justice  and other senior judges unanimously recommend on 17/10/2023, elevation of five lawyers from Punjab and Haryana High Court;
- (b) if so, whether it is true that Justice Harmeet Singh Grewal and Deepinder Singh  Nalwa  haven't  been  appointed  by  the  Government,  despite  their recommendation, if so, the reasons therefor; and
- (c) whether the bench, led by Justice Kaul and Dhulia, expressed concern on 20/11/2023, regarding action of the Government?

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS; AND MINISTER OF STATE IN THE MINISTRY OF CULTURE

## (SHRI ARJUN RAM MEGHWAL)

- (a) and (b): Yes Sir. As per the Memorandum of Procedure for Appointment of Judges  of  High  Courts,  the  proposals  recommended  by  the  High  Court Collegium for appointment as High Court Judges, are to be considered in the light  of  such  other  reports/inputs  as  may  be  available  to  the  Government  for

assessing  the  suitability  in  respect  of  the  names  under  consideration.  The Government, being an indispensable consultee  in  the  appointment  process,  in light  of  various  reports/inputs  received,  which  in  opinion  of  the  Government warrant  further  consideration  by  the  Collegium,  can  send  such  proposals  for reconsideration of the SCC. Only those persons are appointed as Judges of the Supreme Court and High Courts whose names have been recommended by the SCC.

Supreme  Court  in  its  Judgment  dated  6.10.1993  in  Supreme  Court Advocate  on  Record  Vs.  Union  of  India  (Second  Judges  Case)  inter-alia observed that merit selection is the dominant method for judicial selections and the  candidates  to  be  selected  must  possess  high  integrity,  honesty,  skill,  high order  of  emotional  stability,  firmness,  serenity,  legal  soundness,  ability  and endurance.

Appointment of Judges in the higher judiciary is a continuous, integrated and  collaborative  process  between  the  executive  and  the  judiciary.  It  requires consultation and approval from various Constitutional Authorities both at State and Central level. The Government can exercise its opinion on the recommendations made by the SCC by virtue of this collaborative process so as to  ensure  that  most  suitable  and  meritorious  candidate  is  appointed  to  the esteemed post of a Judge in the Constitutional Courts.

(c):  The  Supreme  Court  in  its  Order  dated  20.11.2023,  while  noting  the progress made in the process of appointments and transfers and appreciating the action  taken  by  the  Government  in  a  particular  case  has  also  made  certain observations regarding appointment and transfers of Judges in the High Courts.

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