In a notable development highlighting the ongoing dialogue between the judiciary and the government, the Supreme Court Collegium, led by Chief Justice B R Gavai, has altered its recommendation regarding the transfer of Justice Atul Sreedharan of the Madhya Pradesh High Court. Initially slated for transfer to the Chhattisgarh High Court, Justice Sreedharan will now be transferred to the Allahabad High Court following objections raised by the Union government.
The collegium's initial recommendation for Justice Sreedharan's transfer to Chhattisgarh was made on August 25th. However, in a statement released on October 14th, the collegium disclosed that it had acceded to the government's request for reconsideration. The stated reason for the government's objection was that Justice Sreedharan, upon transfer to Chhattisgarh, would have been senior enough to be part of the High Court collegium. His transfer to Allahabad High Court ensures he will not be part of the collegium there.
This instance brings to the forefront the delicate balance of power in the appointment and transfer of judges, an area where the Supreme Court has historically held primacy through its collegium system. While the government has, in the past, been swift in acting on the collegium's recommendations for appointments to the Supreme Court, its approach to High Court transfers has been more selective. Some recommendations have faced delays without any reasons being officially assigned.
Instances of the Supreme Court collegium reconsidering its decisions on judge transfers have occurred before; however, this is the first instance where the collegium has explicitly stated that the government sought the reconsideration.
Justice Sreedharan's career includes a period working with senior advocate Gopal Subramanium before commencing his independent practice in Indore. He had previously sought a transfer from Madhya Pradesh in 2023, citing his daughter's impending legal practice in Indore. This led to a period serving in the Jammu and Kashmir and Ladakh High Court before returning to Madhya Pradesh in 2025. While in Srinagar, he was noted for quashing several cases under the Public Safety Act, thereby increasing judicial scrutiny of preventive detention cases.
The Supreme Court has in the past, pushed back on objections raised by the government regarding judicial appointments. In 2019, the collegium reiterated its decision to elevate two judges despite the Centre's rejection of their names. Similarly, in 2023, the SC collegium responded to the Union government, reiterating appointments and highlighting delays caused by the Union in the appointment process. The back and forth highlights the tension between the judiciary and the government.
