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National
Can Acting High Court Chief Justices Recommend Judges? Supreme Court Collegium Reviews Issue
✍️ The Indian Express
🗓 29 Aug 2026, 11:03 PM
👁 3
The Supreme Court collegium is examining whether acting chief justices of high courts have the authority to forward names for judicial appointments, a question that could affect the appointment process across India.
The Supreme Court's collegium has taken up a procedural query concerning the role of acting chief justices of high courts in the judicial appointment process. Legal experts note that the collegium, which traditionally receives recommendations from the sitting chief justice of a high court, now faces the question of whether an interim chief justice can perform the same function.
The issue arose after several high courts experienced leadership transitions, leaving acting chief justices in charge during the vacancy period. Petitioners argue that the statutory framework does not explicitly limit the recommendation power to permanent chief justices, while opponents warn that allowing acting officials to nominate could dilute the collegium's intended checks and balances.
The collegium is expected to issue an opinion that may clarify the interpretation of the Judges Inquiry Act and related constitutional provisions. Any clarification will have immediate implications for pending appointments and for the administrative continuity of high courts across the country.
Stakeholders, including bar associations and senior advocates, have submitted written submissions, urging the Supreme Court to maintain a consistent and transparent appointment mechanism. The final decision will be awaited by the legal community and could set a precedent for future interim leadership scenarios.
The issue arose after several high courts experienced leadership transitions, leaving acting chief justices in charge during the vacancy period. Petitioners argue that the statutory framework does not explicitly limit the recommendation power to permanent chief justices, while opponents warn that allowing acting officials to nominate could dilute the collegium's intended checks and balances.
The collegium is expected to issue an opinion that may clarify the interpretation of the Judges Inquiry Act and related constitutional provisions. Any clarification will have immediate implications for pending appointments and for the administrative continuity of high courts across the country.
Stakeholders, including bar associations and senior advocates, have submitted written submissions, urging the Supreme Court to maintain a consistent and transparent appointment mechanism. The final decision will be awaited by the legal community and could set a precedent for future interim leadership scenarios.