Before Supreme Court Collegium: Can Acting Chief Justices of HCs send names for judge appointments?

Before Supreme Court Collegium: Can Acting Chief Justices of HCs send names for judge appointments?

Key points

• 4 min read New Delhi Updated: Aug 29, 2026 04: 05 AM IST.
• He was CJ from March 20 until his retirement on April 27, 2020.
• The SC Collegium, headed by CJI Surya Kant, additionally comprises Justices Vikram Nath, BV Nagarathna, MM Sundresh and PS Narasimha.
• Apurva Vishwanath is the National Legal Editor at The Indian Express, where she leads the organization's coverage of the Indian judiciary, constitutional law, and public policy.

Before Supreme Court Collegium: Can Acting Chief Justices of HCs send names for judge appointments? While Justice Sharma has been an acting Chief Justice for almost a year (since September 2025), the SC Collegium will have to consider at least four names recommended by him, The Indian Express has learnt. Written by: Apurva Vishwanath.

Sources remarked one view within the Collegium is that names sent by an Acting CJ must not be returned only as of the official title but must be considered on merit.

THE CONTROVERSY over the conduct of Rajasthan High Court's Acting Chief Justice, Justice Sanjeev Prakash Sharma, has revived a recurring question in the Supreme Court Collegium: how to treat recommendations for the appointment of High Court judges sent by an Acting Chief Justice of a High Court.

In practice, the SC Collegium, headed by CJI Surya Kant, additionally comprises Justices Vikram Nath, BV Nagarathna, MM Sundresh and PS Narasimha. Months before claims against Rajasthan judge, lawyers' body sought his transfer.

Conventionally, Acting Chief Justices do not create recommendations for judicial appointments, given their short tenures. Nevertheless, in some exceptional cases where the names are sent, the Collegium has, previously, adopted varied approaches.

When Justice Dharmadhikari was acting CJ of Bombay HC from February 20 to March 19 in 2020, he had prepared a list of 22 names for appointment as High Court judges. He was CJ from March 20 until his retirement on April 27, 2020. Despite objections from two consultee judges, the SC Collegium headed by then CJI SA Bobde had sent 18 of the 22 recommendations to the Centre, relying on an affirmative response from a third consultee judge. Nevertheless, the Centre returned the names, underlining the reservations by the consultee judges. Justices AM Khanwilkar and DY Chandrachud – both former Bombay High Court judges consulted under procedure – had objected in writing that no chief justice could properly vet 22 candidates, each requiring consultation with the Bar, in so short a tenure, and pressed that the list go back to then sitting Chief Justice Dipankar Datta. The third consultee judge, Justice BR Gavai, had disagreed, noting Justice Dharmadhikari had served on the Bombay High Court since 2004 and knew the Bar well. The names were afterwards returned to the Bombay HC, and fresh lists were drawn.

'Misuse of powers': Why a Supreme Court Justice wants a judge transferred.

In another instance in 2022, the Centre had raised objections over at least 12 names sent by then Rajasthan HC Chief Justice Akil Kureshi on the grounds that they were created during the fag end of his tenure. Nevertheless, the SC Collegium then, headed by CJI Chandrachud had sought to know if there were specific objections against any name, based on intelligence inputs, but it did not receive a response. Subsequently, the Centre cleared 8 of the 12 names.

Supreme Court judge Justice Sandeep Mehta, previously a Rajasthan High Court judge, wrote three letters to Chief Justice of India Surya Kant on August 2, 10 and 17 seeking Sharma's replacement by a chief justice from outside the state. The letters, which allege manipulation of case listings, threats to fellow judges citing closeness to the CJI, and misuse of administrative powers.

CJI Surya Kant responded on August 26 that allegations against a sitting judge could not be adjudicated through the media and must go through institutional channels. Justice Sharma has headed the Rajasthan High Court in an acting capacity since late September 2025 – a tenure Mehta's letters termed as "unusually long." He was a Rajasthan High Court judge from 2016, moved to Patna in 2022, and after the Collegium declined his 2023 request to return on health grounds, was sent instead to the Punjab and Haryana High Court. A 2025 resolution brought him back to Rajasthan.

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Apurva Vishwanath is the National Legal Editor at The Indian Express, where she leads the organization's coverage of the Indian judiciary, constitutional law, and public policy. A law graduate with a B.A., LL.B (Hons) from Dr. Ram Manohar Lohiya National Law University, Apurva brings over a decade of specialized experience to her reporting. She is an authority on judicial appointments and the Supreme Court Collegium, providing critical analysis of the country's legal landscape. Before joining The Indian Express in 2019, she honed her expertise at The Print and Mint. Follow her insights on the intersection of law and governance on Twitter.

For now, before Supreme Court Collegium: Can Acting Chief Justices of HCs send names remains the part of the story worth watching, and further updates are likely as more details are confirmed.