SHIMLA: Supreme Court Collegium has approved the proposal for elevation of the two senior judicial officers of Himachal Pradesh,  Sushil Kukreja, and Virender Singh as judges of the High Court of Himachal Pradesh.

Supreme Court Collegium had its meeting held on 25th July, 2022 and accorded its approval  for proposal for elevation of   Sushil Kukreja and Virender Singh, both judicial officers as judges of the High Court.

With their elevation as judges, High Court of Himachal Pradesh will have now 11 judges including the Chief Justice of the High Court.   

Currently Virender Singh as the Registrar General in the High Court of Himachal Pradesh. Sushsil Kukreja is  the district and sessions judge Shimla. 

Chief Justice and high court judges are appointed by the President of India under clause 1 of Article 217 of Constitution.

After the Supreme Court collegium approval, the file is sent to the Union Law and Justice Ministry.

The minister further sent it to the President of India, who signs the warrant of appointment to the judges.  

As per constitutional procedure, the proposal for appointment of judges is initiated by Chief Justice of the High court.

However if Chief Minister desires to send any name for appointment he should forward it to the Chief Justice of that high court for his consideration.

Since the Governor is bound by the advice of the Chief Minister and his/her  Council of Ministers,  Chief Justice’s copy of proposal is also sent to the government  with all papers to avoid delay.

The same copy is also sent to the Chief Justice of India for his/her approval and to Union Law Minister and Company Affairs to expedite appointment.

If the Union Law Minister does not receive any of the papers from the Governor advised by the Chief Minister within six weeks from the date of receipt of the proposal, the Union Law Ministry assumes that it has nothing to  add or comment and then it proceeds accordingly.

The complete material would then be followed  and forwarded it to the Chief Justice of India for his advice

The Chief Justice of India would in consultation with the two senior most judges of the Supreme Court form his or her opinion in regards to a person to be recommended for appointment to the High Court.

The Chief Justice of India and the collegium of two judges of the Supreme Court take into account the views of the Chief Justice of the High Court and all those judges of the High Court, who have been consulted by the Chief Justice as well as views of those judges in the Supreme Court, who are conversant with the affairs of the High Court.

It is of no consequence whether that High Court is their parent High Court or their functional in that High Court on transfer.

After the consultation the Chief Justice of India in course of five four weeks send his recommendation to the union minister of law and justice and company affairs.

Consultation by the Chief Justice of India with his colleagues should be in writing and all such exchange of correspondence with his colleagues would be sent by the Chief Justice of India to the union minister of law justice and company affairs.

According to the  procedure, once  the names have been considered and recommended by the Chief Justice of India, they should not be referred back to the state constitutional authorities, even if  change takes place in the incumbency of any post.

However,  it is considered expedient to refer back the names, the opinion of Chief Justice of India should be obtained.

The union minister of law justice and company affairs would then put up as early as possible preferably within three weeks, the recommendation of the Chief Justice of India to the Prime Minister, who will advise the President in the matter of appointment.

The correspondence between the Chief Justice  and Chief Minister and correspondence between the Chief Minister and the Governor, if any, should be in writing. The copies of the correspondence should invariably be forwarded along with the chief minister’s recommendations.

As soon as the appointment is approved by the President the secretary to the Government of India in the Department of Justice will inform the Chief Justice of the High Court.

The Chief Justice and Chief minister are also kept in the loop. He will also announce the appointment and issue necessary notification in The Gazette of India.