Eight High Court judges appointed as Chief Justices

Polity & Governance · 6 September 2026 · Based on The Hindu (original report)

2-minute summary

President Droupadi Murmu has appointed eight High Court judges as Chief Justices of various High Courts across India. These appointments, executed under Article 217 of the Constitution, were finalized in consultation with the Chief Justice of India. Among the key elevations, Justice Sanjay Kumar Agarwal of the Chhattisgarh High Court has been appointed as the Chief Justice of the Rajasthan High Court, succeeding Acting Chief Justice Sanjeev Prakash Sharma following recent administrative controversies. Other major appointments include Justice Valluri Kameswar Rao to the Patna High Court, Justice Ravindra V. Ghuge to the Calcutta High Court, and Justice Mahesh Chandra Tripathi to the Bombay High Court. These appointments reflect the operational continuity of the Collegium system, where the executive formalizes judicial selections recommended by the Supreme Court Collegium. The reshuffle aims to fill critical leadership vacancies and ensure the smooth administration of justice across state judiciaries.

Why it's in the news

The President of India appointed eight High Court judges as Chief Justices of different High Courts. The appointments come amid administrative transitions and notable controversies, such as the leadership transition in the Rajasthan High Court.

Background and context

The appointment of High Court Chief Justices in India is governed by the Collegium system, which evolved through the Three Judges Cases (1981, 1993, and 1998). Under this system, a Collegium led by the Chief Justice of India and senior-most Supreme Court judges recommends names to the government. While Article 217 of the Constitution states that the President appoints High Court judges in consultation with the CJI and the Governor, the Second and Third Judges Cases established that 'consultation' means 'concurrence', giving the judiciary primacy in appointments. The Memorandum of Procedure (MoP) guides the administrative process. The Chief Justice of a High Court is typically appointed from outside the respective state to maintain judicial independence and national integration, a policy initiated in the 1980s. Acting Chief Justices are appointed under Article 223 when the office falls vacant or the CJ is unable to perform duties.

Constitutional provisions

• Article 217 — Deals with the appointment and conditions of the office of a Judge of a High Court, stating they shall be appointed by the President by warrant under his hand and seal.
• Article 222 — Empowers the President, after consultation with the Chief Justice of India, to transfer a judge from one High Court to any other High Court.
• Article 223 — Governs the appointment of an Acting Chief Justice when the office of Chief Justice of a High Court is vacant or when any such Chief Justice is unable to perform the duties of his office.

Committees and reports

• Law Commission of India - 80th Report — Recommended that the Chief Justice of a High Court should be from outside the State to ensure impartiality and reduce local influences.
• National Commission to Review the Working of the Constitution (NCRWC) — Recommended the establishment of a National Judicial Commission to handle the appointment of judges, aiming to balance executive and judicial roles.

Previous UPSC questions on this theme

• Mains GS-2 2017 — Critically examine the Supreme Court's judgement on 'National Judicial Appointments Commission Act, 2014' with reference to appointment of judges of higher judiciary in India.
• Prelims GS-1 2021 — With reference to Indian judiciary, consider the following statements : 1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with prior permission of the President of India. 2. A High Court in India has the power to review its own judgement as the Supreme Court does. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2

Mains practice: Analyze the constitutional process for the appointment and transfer of High Court judges in India. To what extent does the current Collegium system balance judicial independence with democratic accountability?

The appointment and transfer of High Court judges are critical to maintaining the independence of the judiciary, which is a part of the basic structure of the Indian Constitution.

**Constitutional Framework:**

• **Article 217:** High Court judges are appointed by the President after consultation with the Chief Justice of India (CJI), the Governor of the State, and the Chief Justice of the respective High Court.

• **Article 222:** The President can transfer a judge from one High Court to another after consulting the CJI.

• **Judicial Primacy:** Through the Three Judges Cases, the Supreme Court established that 'consultation' means 'concurrence' of the CJI, acting through a Collegium of senior judges, thereby establishing judicial primacy in appointments.

**Issues with the Collegium System:**

• **Lack of Transparency:** The selection process is criticized for being opaque, with no public criteria or minutes of meetings disclosed, leading to allegations of nepotism.

• **Democratic Deficit:** Unlike other mature democracies where the executive or legislature plays a structured role, the Indian judiciary is unique in appointing its own members, raising concerns about democratic accountability.

• **Executive-Judiciary Friction:** Delays in clearing recommended names by the executive often lead to high vacancy rates, impacting the delivery of justice.

**Way Forward:**

• **Memorandum of Procedure (MoP) Reform:** The MoP should be updated to introduce objective criteria, search committees, and a formal secretariat to streamline appointments.

• **Independent Commission:** A revised body like the National Judicial Appointments Commission (NJAC), incorporating safeguards to protect judicial independence while ensuring executive input, should be reconsidered.

In conclusion, while judicial independence is non-negotiable, it must be harmonized with transparency and accountability to sustain public trust in the administration of justice.

Prelims practice questions

Q1. Consider the following statements regarding the appointment of High Court Judges in India: 1. The Chief Justice of a High Court is appointed by the President under Article 217 of the Constitution. 2. The Governor of the respective state must give formal consent before the appointment is finalized. 3. The Supreme Court Collegium for High Court appointments consists of the Chief Justice of India and two senior-most judges of the Supreme Court. Which of the statements given above are correct?

1. 1 and 2 only
2. 1 and 3 only
3. 2 and 3 only
4. 1, 2 and 3

Answer: B. Statement 1 is correct: Article 217 governs the appointment of High Court judges by the President. Statement 2 is incorrect: The Governor is consulted, but their formal consent is not a binding veto. Statement 3 is correct: For High Court appointments, the Supreme Court Collegium consists of the CJI and two senior-most SC judges (whereas for SC appointments, it consists of the CJI and four senior-most SC judges).

Q2. Which of the following constitutional provisions empowers the President of India to transfer a judge from one High Court to another?

1. Article 214
2. Article 217
3. Article 222
4. Article 226

Answer: C. Article 222 of the Constitution of India empowers the President, after consultation with the Chief Justice of India, to transfer a judge from one High Court to any other High Court.

Q3. With reference to the Acting Chief Justice of a High Court in India, consider the following statements: 1. The President can appoint a judge of a High Court as an Acting Chief Justice under Article 223. 2. An Acting Chief Justice can only be appointed if the office of the Chief Justice is vacant. Which of the statements given above is/are correct?

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer: A. Statement 1 is correct: Under Article 223, the President may appoint a judge of the High Court as an Acting Chief Justice. Statement 2 is incorrect: An Acting Chief Justice can be appointed not only when the office is vacant, but also when the Chief Justice is absent or unable to perform their duties.

Revision flashcards

• Which article of the Indian Constitution deals with the appointment of High Court judges? Article 217.
• Who is consulted by the President for the appointment of a High Court Chief Justice? The Chief Justice of India and the Governor of the state concerned.
• What is the composition of the Supreme Court Collegium for recommending High Court judges? The Chief Justice of India (CJI) and two senior-most judges of the Supreme Court.
• Under which article can the President appoint an Acting Chief Justice of a High Court? Article 223.
• Which landmark case established that 'consultation' means 'concurrence' in judicial appointments? The Second Judges Case (1993).