Constitution & Law

SC Collegium to Decide If Acting Chief Justices Can Recommend Judges

29 August 2026UPSCSSC

In Brief

Evaluates whether High Court Acting Chief Justices hold constitutional powers to initiate candidate nominations.

The Supreme Court Collegium is set to evaluate a vital constitutional question regarding whether an Acting Chief Justice of a High Court possesses the authority to recommend candidates for judicial appointments. The issue emerged after Justice Sharma, serving as Acting Chief Justice of a High Court for nearly a year, forwarded four candidate recommendations to the apex court's decision-making body.

Under Article 217 of the Constitution, High Court judges are appointed by the President after consultation with the Chief Justice of India, the State Governor, and the Chief Justice of the High Court. The Memorandum of Procedure (MoP) guides judicial selection, but precedent remains unclear on whether an Acting Chief Justice—appointed under Article 223 during a vacancy—holds identical administrative powers as a permanent Chief Justice to initiate appointment proposals.

Justice Sharma has functioned as Acting Chief Justice since September 2025, highlighting prolonged vacancies in permanent judicial leadership across High Courts. The SC Collegium, comprising the Chief Justice of India and senior Supreme Court judges, must determine if recommendations made by an Acting Chief Justice comply with established conventions or require re-validation upon a permanent Chief Justice taking office.

This legal dilemma holds immense relevance for judicial governance and constitutional law. Exam questions in Prelims may focus on Article 217, Article 223, and the evolution of the Collegium system through the landmark Three Judges Cases. In Mains GS-II, it provides critical material for discussions on judicial delays, administrative continuity, and structural reforms in judicial appointments.

UPSC Study NotesHIGHGS2 — Polity & Governance | Prelims + Mains

GS2 — Polity & Governance | Prelims + Mains

📌 Exam Angle

Prelims MCQ: "Under which Article can an Acting Chief Justice be appointed, and does Article 217 apply to their appointment recommendations?" Mains: Discuss the constitutional ambiguity surrounding Acting Chief Justices' powers and how prolonged judicial vacancies undermine the Collegium system's credibility.

⚠️ Key Concerns

The absence of clear precedent on Acting CJ nomination powers creates administrative paralysis during High Court leadership vacancies. Prolonged acting tenures (nearly a year in Justice Sharma's case) question whether temporary appointments should exercise permanent institutional authority. Re-validation requirements could delay judicial appointments, worsening India's notorious judicial backlog.

💡 Why It Matters

This constitutional lacuna directly impacts judicial independence and the speed of appointment processes critical to India's case resolution crisis. Clarity on Acting CJ powers will determine whether judicial governance remains robust during leadership transitions or becomes vulnerable to procedural delays.

🔑 Must Remember

• Article 217 governs High Court judge appointments; Article 223 enables Acting CJ appointments during vacancies • Memorandum of Procedure (MoP) provides guidelines but lacks explicit clarity on Acting CJ recommendation authority • SC Collegium comprises CJI and senior Supreme Court judges with final approval power

📝 Key Terms

Article 217Article 223Collegium SystemMemorandum of ProcedureActing Chief JusticeThree Judges CasesJudicial AppointmentsHigh Court Vacancies

SC Collegium to Decide If Acting Chief Justices Can Recommend Judges

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