Following the retirement of the Supreme Court's second most senior judge, Justice Sanjay Kishan Kaul, on December 25, Justice Aniruddha Bose has been appointed to the five-judge Supreme Court Collegium.
The Collegium has put forward suggestions for promoting individuals to the Supreme Court and for moving judges from High Courts.
The latest panel of the Supreme Court, known as the Collegium, is currently made up of Chief Justice DY Chandrachud and Justices Sanjiv Khanna, BR Gavai, Surya Kant, and Justice Bose. Justice Bose will be in the collegium until April 10, 2024.
Upon Justice Kaul's retirement, Justice Gavai will join the Chief Justice of India (CJI) and Justice Khanna in the three-judge collegium. This collegium is responsible for recommending candidates for judicial appointments to the High Courts.
Justice Kaul, during a case involving names approved by the Collegium that are still awaiting government approval, expressed concern about the government's manipulation of judicial seniority through selective appointments and transfers of High Court judges. He warned that this behavior may provoke reactions from the Collegium, leading to potentially embarrassing consequences.
He had previously emphasized to the government that they should not overlook individuals recommended by the Collegium for judicial positions based solely on their political affiliations or for having represented a case against the government in court.
Justice Kaul expressed serious concern about the government's selective approach in appointing and transferring High Court judges, referring to it as a pick-and-choose policy.
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