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The Supreme Court Collegium has recommended the appointment of Justice Joymalya Bagchi of the Calcutta High Court on March 6, 2025 as the Supreme Court Judge. The 5 -member collegium headed by Chief Justice Sanjeev Khanna recommended the name of Justice Bagchi.
According to the collegium, no judge from the Calcutta High Court has been formed since the retired of Justice Altams Kabir on July 18, 2013. Currently, the Supreme Court has only one judge from the Calcutta High Court.
Case fought against ban on Taslima Nasreen’s book
Bagchi established himself as a prestigious lawyer and advocated several criminal and constitutional law cases in various High Courts and Supreme Courts. His major legal achievements include opposing the ban on Bangladeshi writer Taslima Nasreen’s book ‘Dwikhandito’.
In addition, he also played an important role in cases related to civilian freedom, environmental protection and human rights.
The proposal of the Supreme Court Collegium said, “The collegium unanimously decided that Justice Joymalya Bagchi be appointed as the Supreme Court judge of India.”
The collegium also includes CJI Sanjeev Khanna besides Justice BR Gawai, Justice Suryakant, Justice Abhay S Oka and Justice Vikram Nath. He noted that Justice Joymalya Bagchi is ranked 11th in the All India Seniority List of High Court judges.
If the recommendation is approved, the 33rd judge will be in the Supreme Court
Currently, the Calcutta High Court has only one representation in the bench of the Supreme Court. If the central government approves the recommendation of the collegium, then Justice Bagchi will be the 33rd judge in the Supreme Court. Currently, the approved number of judges in the court is 34.
If the recommendation is approved, CJI can also become Justice Bagchi
If the collegium is approved, then Justice Bagchi will complete the tenure of more than 6 years in the Supreme Court as a judge. In such a situation, after Justice KV Vishwanathan retired on May 25, 2031, Justice Joymalya Bagchi will hold the post of Chief Justice of India till October 2, 2031.
Justice Harish Tandon recommended to make Chief Justice of Orissa High Court
In another proposal, the collegium recommended that Justice Harish Tandon of the Calcutta High Court be appointed as the Chief Justice of the Orissa High Court.
Justice Harish Tandon, Judge of Calcutta High Court. (File photo)
The post of Chief Justice of Orissa High Court has been vacant since Justice Chakradhari Sharan Singh retired on January 19.
Collegium system to make Supreme Court-Hycourt judge
There is a fixed process to choose judges of the High Court and Supreme Court, which is called ‘Supreme Court Collegium’. It consists of the most senior judges of the Supreme Court. The Center appoints new CJI and other judges, accepting its recommendations.
Under the tradition, the most senior judges on the basis of experience in the Supreme Court become Chief Justice. This process is under a memorandum, which is called MOP i.e. ‘Memorandum of Procedure for the Appointment of Supreme Court Judges’.
Even before MOP, the most senior judge was CJI
In 1999, the MOP was ready for the first time. This document determines the responsibility of the Center, Supreme Court and High Court in the process of appointment of judges. No compulsory or law has been enacted in the constitution regarding the system of MOP and Collegium, but under this, judges are being appointed. However, before the CJI is ready in 1999, there is a tradition of promoting the most senior judge to CJI.
In the year 2015, the Constitution was made an amendment to the National Judicial Appointments Commission (NJAC), it was the work of increasing the role of the Center in the appointment of judges, but the Supreme Court declared it unconstitutional. After this, talks on MOP continued. Last year, the Central Government has said that MOP is yet to be finalized.
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