In an ongoing deadlock between the Supreme Court Collegium and the Indian government, several recommendations for the appointment of high court judges remain unaddressed. Chief Justice of India, DY Chandrachud, who is set to retire on November 10, presides over a Collegium that has seen little progress on its nominations.
In January 2023, the Collegium recommended advocates Saurabh Kirpal for the Delhi High Court, R John Satyan for the Madras High Court, and Amitesh Banerjee and Shakya Sen for the Calcutta High Court. Additionally, Somashekhar Sundaresan was nominated for the Bombay High Court in November last year, his appointment confirmed but others remain pending.
The process of appointing judges, which requires government concurrence, has stalled particularly for Kirpal, Satyan, Banerjee, and Sen, whose files are reportedly still pending with the government. The repeated recommendations for Banerjee and Sen highlight the Collegium’s intent to expedite their appointments, stating the government does not have the option to repeatedly return the same proposal.
Amitesh Banerjee, son of former Supreme Court Justice U.C. Banerjee who led the commission that investigated the 2002 Godhra train burning, and Shakya Sen, son of Justice Shyamal Sen who served as the Governor of West Bengal, are notable for their significant familial legal legacies.
In addition to the named appointments, the Collegium reiterated its support for Kirpal, Satyan, and Sundaresan to assume their roles swiftly. Justice Chandrachud’s retirement will be immediately followed by Justice Sanjeev Khanna taking over as the Chief Justice on November 11, with his term extending just over six months until his retirement on May 13, 2025, when he reaches the age of 65.
