More than a month has passed since the Supreme Court Collegium recommended Justice GS Sandhawalia’s elevation as Chief Justice of the Himachal Pradesh High Court, but uncertainty prevails as the Centre is yet to notify his appointment.
In fact, the communication seeking the Himachal Pradesh Chief Minister’s mandatory concurrence for Justice Sandhawalia’s elevation has not been received by the state government, indicating that the Centre has not yet complied with this binding requirement.
Meanwhile, the Centre has appointed the senior-most judge of the Himachal Pradesh High Court, Justice Tarlok Singh Chauhan, as the Acting Chief Justice, further signalling a delay in Justice Sandhawalia’s elevation. The post fell vacant after Chief Justice Rajiv Shakdher retired on October 18 upon reaching the age of superannuation.
Chief Justice Shakdher’s tenure, too, was brief following prolonged delay in notifying his appointment. His elevation as the Chief Justice was initially recommended by the Supreme Court Collegium to the Centre on July 11.
But his actual appointment was delayed due to “procedural issues”. It was finally confirmed by the Law Ministry on September 21 and he was administered oath as the Chief Justice on September 25, ultimately cutting his tenure to just 24 days.
The Supreme Court Collegium had on July 11 also recommended Justice Sandhawalia’s name to the Centre for his elevation as the Madhya Pradesh High Court Chief Justice. But the Collegium last month reviewed the recommendation. In supersession of its earlier decision, the Collegium recommended that Justice Sandhawalia—the first puisne or the senior-most Judge of the Punjab and Haryana High Court—be appointed as the Chief Justice of the Himachal Pradesh High Court on Justice Shakdher’s retirement.
The delays in notifying appointments, despite clear recommendations from the Supreme Court Collegium, are part of a larger concern about Executive overreach and the frequent delays in judicial appointments, which have often led to judicial vacancies affecting court efficiency across the country.
The Supreme Court has been vocal about the need for quicker confirmations, while expressing concern about the impact such delays have on the delivery of justice. In recent times, the tussle between the Executive and Judiciary over the issue of appointments has drawn attention, with the Judiciary repeatedly urging the government to expedite the process.
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