Collegium Recommends Justice Bagchi for Supreme Court: Path to CJI in 2031

The Supreme Court collegium has recommended Calcutta High court Justice Joymalya Bagchi for appointment as a Supreme Court judge. if the government approves, Justice Bagchi is projected to potentially become the Chief Justice of India (CJI) in May 2031, serving a term of just over four months before retiring on October 2, 2031.

Collegium’s Deliberation and Recommendation

The collegium, consisting of CJI Sanjiv Khanna and Justices Bhushan R Gavai, Surya Kant, Abhay S Oka, and Vikram Nath, made the recommendation on Thursday. The Supreme court currently has two vacancies against a sanctioned strength of 34 judges.

While evaluating eligible chief justices and senior puisne judges of high courts, the collegium considered Justice Bagchi’s “merit, integrity and competence.” Despite his 11th rank in the combined all-India seniority of high court judges, including chief justices, the collegium found him well-suited for the Supreme Court.

Justice Bagchi’s Background and Experience

• Appointed as a judge of the Calcutta High Court in June 2011.
• Transferred to the Andhra Pradesh high Court in January 2021.
• repatriated to the Calcutta High Court in November 2021.
• More than 13 years of experience as a High Court judge, with exposure to diverse fields of law.

Potential CJI Appointment in 2031

The collegium highlighted that, following the retirement of Justice Altamas Kabir as CJI in 2013, there has been no CJI from the Calcutta High Court. according to seniority, after Justice KV Viswanathan retires on May 25, 2031, Justice Bagchi is next in line to become CJI, holding the position until his retirement on October 2, 2031.

Currently, Justice Dipankar Datta is the only judge from the Calcutta High Court serving on the Supreme Court bench.

justice Harish tandon Recommended as chief Justice of Orissa High Court

In the same meeting, the collegium also recommended Justice harish Tandon, a judge of the Calcutta High Court, as the Chief Justice of the Orissa High Court. This recommendation follows the retirement of Justice Chakradhari sharan Singh on January 19, 2025.

Appointed as a judge of the Calcutta high Court on April 13, 2010, Justice Tandon ranks seventh in the all-India seniority list of high court judges, including chief justices. He has “extensive experience in civil matters” and has served as a senior puisne judge in his parent high court.

The collegium assessed Justice Tandon’s “competence, integrity, and judicial conduct” and found him fit for appointment as Chief Justice of the Orissa High Court.

Next Steps

Both recommendations will now be sent to the Union government for approval before the appointments are finalized.

Analysis and Implications

The collegium’s decision to recommend Justice Bagchi, despite his seniority ranking, underscores the emphasis on merit and competence alongside seniority. The potential, albeit brief, tenure as CJI highlights the importance of succession planning within the judiciary. Justice Bagchi’s diverse experience in law positions him well to contribute substantially to the Supreme Court’s jurisprudence. The recommendation of justice Tandon to lead the Orissa High Court also reinforces the judiciary’s commitment to selecting capable leaders for High Courts across the country. These appointments, once finalized, will undoubtedly shape the legal landscape and administration of justice in India.

These recommendations signal a strategic approach to filling judicial vacancies and ensuring effective leadership within the Indian judicial system. The balance between seniority, competence, and regional representation appears to be a key consideration for the collegium.

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Archyde Interview: Analyzing Justice bagchi’s Supreme Court Nomination and Potential CJI Role

The Supreme Court Collegium’s recent recommendation of Justice Joymalya Bagchi for appointment to the supreme Court has sparked considerable discussion within the legal community.With the potential for him to ascend to the position of Chief Justice of India (CJI) in 2031, albeit for a brief period, his nomination carries significant weight. To delve deeper into the implications of this decision, Archyde spoke with Ms. Anjali Sharma, a seasoned legal analyst and constitutional law expert.

Understanding the Collegium’s Decision

Archyde: Ms. Sharma,thank you for joining us. The Collegium has recommended Justice Bagchi despite him not being the most senior judge. What does this say about the priorities of the Collegium in making these crucial appointments?

Anjali Sharma: thank you for having me. The Collegium’s decision underscores a shift towards valuing merit, competence, and judicial conduct alongside, but not necessarily subservient to, seniority. While seniority is a factor, the Collegium clearly prioritizes individuals they believe will contribute meaningfully to the Supreme court’s jurisprudence. Justice Bagchi’s diverse experience at the Calcutta High Court, including his stint at the Andhra Pradesh High court are definitely seen as advantages here.

Justice Bagchi’s Potential Tenure as CJI

Archyde: Let’s discuss the possibility of Justice bagchi becoming CJI in 2031. It’s a relatively short tenure of just over four months. What impact can a CJI have in such a limited time?

Anjali Sharma: Even a short tenure as Chief Justice can be impactful.The CJI sets the agenda for the court, influences the composition of benches, and can prioritize specific areas of law for review. Furthermore, such leadership builds confidence in the judicial system. Justice Bagchi’s previous experience will surely enable him to transition to a CJI position effectively during the four-month tenure. Also, the potential for the High Court of Calcutta to have a new CJI after Justice Altamas Kabir can hardly be understated.

The Significance of Regional Portrayal

Archyde: The Collegium’s press release mentioned the absence of a CJI from the Calcutta High Court since 2013. How crucial is regional representation in these appointments?

Anjali Sharma: Regional representation is an crucial, though secondary, consideration. It’s essential that our judicial system reflects the diversity of India. Ensuring representation from various High Courts contributes to a sense of inclusivity and broader understanding of regional legal nuances within the Supreme court.

Justice Tandon’s Recommendation for Orissa High Court

Archyde: The Collegium also recommended Justice Harish Tandon as Chief Justice of the Orissa high Court. What is noteworthy about this particular recommendation?

Anjali Sharma: Justice Tandon’s recommendation is significant because it highlights the Collegium’s focus on identifying experienced and competent judges to lead High Courts across the country. His extensive experience in civil matters makes him well-suited to address the specific legal challenges faced by the Orissa High court. His integrity makes him a prime candidate for the post.

Looking Ahead: Implications for the Judiciary

Archyde: Ms. Sharma, what are the broader implications of these appointments for the future of the Indian judiciary?

Anjali Sharma: These appointments signal a continued commitment to strengthening the judiciary through strategic leadership selection. It reflects a balanced approach that considers seniority, competence, and regional representation. The future of our judicial system will rest on the quality and dedication of individuals appointed today, and the signal this selection sends is highly important.

Archyde: Thank you for sharing your valuable insights, Ms. Sharma.

Anjali Sharma: My pleasure.

A Question for Our Readers

What are your thoughts on the balance between seniority, merit, and regional representation in judicial appointments? Share your opinions in the comments below!