Judges Judged Everyday

Posted on by Rudrajyoti Nath Ray

Anna Mathews v. Supreme Court of India, [Writ Petition (Civil) No. 148 of  2023]

Invariably a number of shoot down and dismissive letters and communications from all quarters are received. Only thereafter, and on consideration, Collegium of Supreme Court takes a final call, which is then communicated to Government.

When eligibility is put in question, question would fall within scope of judicial review. When suitability is put in question, question stands excluded from purview of judicial review [M. Manohar Reddy v. Union of India, (2013) 3 SCC 99]. Court while exercising power of judicial review cannot call upon Collegium to reconsider its decision.

SC

Appointment of Judges must reflect collective wisdom drawn from diverse perspectives. Such a process ensures, principles of transparency and accountability are maintained. But this appears to be a case where there was no collective consultation amongst Chief Justice and 2 Senior-Most Companion Judges. Chief Justice of a High Court cannot individually reconsider a recommendation and it can only be done by High Court Collegium acting collectively.

– Hon’ble Justice Hrishikesh Roy, Chirag Bhanu Singh v. High Court of Himachal Pradesh, [Writ Petition (Civil) No. 312 of 2024] decided on 06.09.2024.

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Men are fallible; Judges are also Men [Sita Ram v. State of U.P., (1979) 2 SCC 656].

– Manoj Rameshlal Chhabriya v. Mahesh Prakash Ahuja, [Criminal Appeal No. 1048 of 2017] decided on 28.02.2025.

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'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.