The process of appointing High Court judges in India has recently come under scrutiny, with allegations that the central government is employing a "pick and choose" policy, leading to delays and uncertainty. This approach has raised concerns about judicial independence and the fairness of the appointment process.

The Collegium System and Government's Role

The appointment of High Court judges in India is governed by the collegium system, where a panel of senior judges recommends candidates to the government. The government then has a role in verifying the candidates and either approving or returning the recommendations to the collegium for reconsideration. While the collegium system is designed to ensure judicial independence, the government's involvement has led to friction and delays.

Instances of Selective Appointments

Several instances have highlighted the Centre's alleged "pick and choose" policy. For example, Advocate Ramaswamy Neelakandan was recommended for appointment as a judge of the Madras High Court by the Supreme Court collegium in January 2023, along with four other advocates. While the others were appointed, Neelakandan's appointment was not processed. As of July 2025, his wait has stretched beyond 29 months. Neelakandan shares a similar fate with 28 other advocates whose names were recommended by the collegium between January 2023 and April 2025.

A similar situation occurred with Advocate Subhash Upadhyay, whose name was recommended for judgeship in the Uttarakhand High Court in April 2023. While the collegium recommended the names of three other advocates and a judicial officer along with Upadhyay, only Upadhyay's name was left out. Advocate Arun Kumar is also awaiting action on the collegium's recommendation from May 2023 for his appointment as an Allahabad High Court judge.

Concerns Raised by the Supreme Court

The Supreme Court has expressed its concern over the government's delaying tactics in judicial appointments and transfers. In October 2023, a Supreme Court bench noted with dismay that the government delays some judicial appointments and transfers while clearing certain "picked and chosen" names promptly. The bench also pointed out instances where the transfers of High Court judges were stalled for months, sending a message that "somebody is able to delay while somebody cannot". The Supreme Court has also voiced concerns that the judiciary is losing fresh talent because prospective candidates are withdrawing their applications due to the government's inaction.

Impact of Delays

The delays in appointments have several adverse consequences: * Talent Drain: Prolonged delays discourage competent lawyers from accepting judgeships, leading to a loss of talent within the judiciary. * Increased Vacancies: The backlog of recommendations leaves numerous judicial positions vacant across the country, affecting the functioning of the courts. As of July 1, 2025, there are 371 vacancies across the 25 High Courts in India. * Undermining Judicial Independence: The selective approach undermines the independence of the judiciary by creating an impression that the government is influencing appointments based on its preferences.

Government Justification and Way Forward

The government has stated that it takes time to verify Intelligence Bureau (IB) inputs on the recommended names. However, the Supreme Court has questioned the prolonged delays and the selective clearance of names. To address these issues, it is essential for the government to expedite the processing of pending recommendations and adhere to the established procedures. A transparent system for tracking the progress of judicial appointments and transfers, along with accountability for undue delays, is also necessary.

The Supreme Court Collegium has also tightened its vetting process for candidates being considered for appointment as High Court judges. The collegium has been conducting in-depth interviews with prospective candidates. As of July 1, 2025, the collegium, headed by Chief Justice of India B.R. Gavai, has been conducting meetings and interviews with prospective candidates to fill vacancies in various High Courts.

The ongoing debate surrounding judicial appointments highlights the need for a balanced approach that respects both judicial independence and the government's role in verifying candidates. Addressing the delays and ensuring a fair and transparent process is crucial for maintaining the integrity and effectiveness of the Indian judicial system.