Collegium System Under Scanner Again For Recommending Calcutta HC Judge Elevation Bypassing Other Seniors

New Delhi: The Supreme Court has recommended the elevation of Calcutta High Court judge Joymala Bagchi to the top court, reigniting concerns over Collegium’s appointment process. Though Calcutta High Court judge’s integrity and competence are not in question but his elevation has bypassed 10 senior judges including 8 Chief Justices, which is why this matter has reignited concerns over the selection procedure.

The SC Collegium appears to have overlooked several other judges who are more senior to Joymala Bagchi as he ranks 11th at the all-India seniority, therefore, a question arise why judges who are more senior to Bagchi have been bypassed in the elevation process.

Among them, four judges who are more senior to Joymala Bagchi are from Calcutta High Court only including Justice Biswanath Somadder, Justice Indra Prasanna Mukerji, Justice Harish Tandon, and Justice Soumen Sen. But the SC Collegium have bypassed them and nominated Bagchi’s name.

Among other senior judges who have been bypassed, many of them are already serving as Chief Justices in other High Courts, a position whose next elevation is Supreme Court judge.

What Supreme Court Collegium said as it nominated Joymala Bagchi’s name

The Supreme Court Collegium mentioned two main reasons for Joymala’s elevation. The top court said that at present, only one judge from the Calcutta High Court represents the SC bench.

The second reason mentioned by 5-member SC Collegium led by CJI Sanjiv Khanna is that no Calcutta High Court judge rose to become the Chief Justice of India after Justice Altamas Kabir retired on July 18, 2023.

If the Collegium's recommendation is cleared by the Centre, Justice Bagchi would have a tenure of more than six years in the top court, during which he will also serve as the Chief Justice of India.

The Collegium, also comprising justices BR Gavai, Surya Kant, Abhay S Oka and Vikram Nath.

"The Collegium has, therefore, unanimously resolved to recommend that Justice Joymalya Bagchi be appointed as a judge of the Supreme Court of India," a Collegium resolution said.

On the retirement of Justice KV Viswanathan on May 25, 2031, Justice Bagchi, born on October 3, 1966, would assume the office of Chief Justice of India till his retirement on October 2, 2031.