The petition argued that the Madras High Court collegium’s recommendation was flawed because Justice Nisha Banu was not included in the decision-making process.
The Supreme Court said disputes over how collegiums function are administrative matters and cannot be challenged through court petitions.
The bench refused to allow any further legal challenge.
Supreme Court Refuses To Hear Plea Challenging High Court Collegium Process
The Supreme Court on Friday refused to hear a plea challenging a recommendation made by the Madras High Court collegium, saying such matters are not justiciable. The court said issues related to collegium functioning must be handled on the administrative side.
Summary
The Supreme Court on Friday declined to entertain a plea challenging a recommendation allegedly made by the Madras High Court collegium, holding that such matters are not “justiciable” and must be dealt with on the administrative side.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi said the court saw no reason to examine the issue through a writ petition and left it to the competent authority.
The plea alleged that the collegium recommendation was invalid as Justice Nisha Banu was not part of the deliberations. Justice Banu was transferred from the Madras High Court to the Kerala High Court in October last year but joined the latter only in December 2025, following a reminder from President Droupadi Murmu. PTI reported.
Filed by A Prem Kumar, the PIL claimed the collegium was improperly constituted as Justice Banu was still a judge of the Madras High Court at the time of the recommendation. Senior advocate Rachna Srivastava, appearing for the petitioner, argued that her exclusion rendered the process flawed.
Rejecting the plea, the Chief Justice said the collegium and the Chief Justice of India were fully capable of addressing such issues internally. The bench also declined to grant liberty to approach the high court, asking the petitioner not to pursue the matter further and thanking them for bringing it to the court’s attention.
(With inputs from PTI)
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