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SC Collegium picks new Chief Justice for Rajasthan High Court

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  • Supreme Court Collegium, headed by CJI Surya Kant, recommended Justice Sanjay K. Agrawal (Chhattisgarh HC) as Chief Justice of Rajasthan High Court on 31 August 2026 [S1][S4].
  • The recommendation followed allegations of "favouritism"/misconduct against Rajasthan Acting CJ Justice S.P. Sharma, raised by sitting SC judge Justice Sandeep Mehta [S1][S2].
  • Tests understanding of the Collegium system, HC Chief Justice appointment process, and judicial accountability mechanisms — recurring UPSC Prelims/Mains theme (Judiciary, GS-II).
  • Same Collegium meeting also recommended CJs for Madhya Pradesh and Jammu & Kashmir and Ladakh High Courts [S3][S4].

2. Why in the News

  • On Monday, 31 August 2026, the SC Collegium recommended Justice Sanjay K. Agrawal, a judge of the Chhattisgarh High Court, for appointment as Chief Justice of the Rajasthan High Court [S1].
  • This came a weekend after letters by Justice Sandeep Mehta (sitting SC judge) — a series of three letters written in August 2026 — alleging "favouritism" and misconduct by Rajasthan Acting CJ Justice S.P. Sharma came to light via media reports [S1].
  • CJI Surya Kant, in a press statement, said the Collegium would examine Justice Mehta's allegations through an institutional mechanism [S1].
  • The same resolution also recommended: Justice Alpesh Yeshvant Kogje (Gujarat HC) as CJ of Madhya Pradesh HC, and Justice Dr. Pushpendra Singh Bhati (Rajasthan HC) as CJ of Jammu & Kashmir and Ladakh HC [S1][S3].

3. Background & Evolution

  • The Collegium system for judicial appointments/transfers evolved through the "Three Judges Cases" (1981, 1993, 1998), giving the CJI and senior SC judges primacy over the Executive in appointing/transferring HC and SC judges — a settled constitutional convention, not the article's direct subject but the enabling framework for this event.
  • Rajasthan HC had been functioning under an Acting Chief Justice (Justice S.P. Sharma) rather than a permanent CJ, prompting the Collegium's intervention following complaints [S1][S2].
  • Justice Sanjay K. Agrawal was elevated from the Chhattisgarh HC bench; his transfer/appointment to Rajasthan HC as CJ was proposed alongside an immediate transfer recommendation so he could function as senior-most judge pending formal notification [S1].

4. Core Static Facts

Item Detail
Body recommending Supreme Court Collegium (headed by CJI) [S1]
CJI heading Collegium Surya Kant [S1][S4]
Rajasthan HC — recommended CJ Justice Sanjay K. Agrawal, currently Chhattisgarh HC judge [S1]
Madhya Pradesh HC — recommended CJ Justice Alpesh Yeshvant Kogje, currently Gujarat HC judge [S3]
J&K and Ladakh HC — recommended CJ Justice Dr. Pushpendra/Pushpinder Singh Bhati, currently Rajasthan HC judge [S1][S3]
Rajasthan Acting CJ (subject of complaint) Justice S.P. Sharma [S1]
Complainant Justice Sandeep Mehta, sitting Supreme Court judge [S1]
Date of Collegium meeting/resolution 31 August 2026 (Monday) [S1][S4]
Legal basis for HC judge appointments Article 217 (appointment) and Article 222 (transfer) of the Constitution — the constitutional provisions governing HC Chief Justice/judge appointments and transfers

5. Multi-Dimensional Analysis

Legal / Constitutional

  • Appointment and transfer of HC judges/Chief Justices operate under Articles 217 and 222, with the Collegium's primacy derived from SC judgments (Second and Third Judges Cases), not a codified statute.
  • Illustrates the Collegium's self-regulatory/institutional mechanism for handling misconduct allegations against sitting judges, short of formal impeachment under Article 124/218.

Ethical / Governance

  • Allegations of "favouritism" against an Acting CJ raise questions of judicial accountability and transparency, especially since such complaints are handled internally by the Collegium rather than an external body [S1][S2].
  • Highlights the debate on lack of a statutory judicial appointments/complaints mechanism (post NJAC judgment, 2015) and reliance on opaque, in-house Collegium resolutions.

Administrative

  • Multiple HCs (Rajasthan, MP, J&K and Ladakh) simultaneously lacked permanent CJs, reflecting a broader pattern of vacancies and Acting CJs across High Courts in 2026 [S3].
  • Demonstrates inter-HC judge transfers as a routine tool for filling CJ vacancies (judges from Chhattisgarh, Gujarat, Rajasthan HCs cross-posted).

Historical

  • Continues the post-1993 practice where CJI-headed Collegium resolutions (not executive discretion) drive HC leadership changes, traceable to the Second Judges Case (1993) and Third Judges Case (1998, Presidential Reference).

6. Recent Developments (last 12-18 months)

  • August 2026: Justice Sandeep Mehta wrote three letters alleging misconduct/favouritism by Rajasthan Acting CJ Justice S.P. Sharma [S1].
  • 31 August 2026: SC Collegium (CJI Surya Kant) recommended Justice Sanjay K. Agrawal as CJ, Rajasthan HC, with immediate transfer proposed [S1].
  • 31 August 2026 (same sitting): Collegium recommended CJs for Madhya Pradesh HC (Justice Kogje) and J&K and Ladakh HC (Justice Bhati) [S1][S3].
  • Lawyers' protests reported in Rajasthan around the Acting CJ controversy prior to the Collegium's intervention [S2].

7. Prelims Hooks

  • SC Collegium recommended Justice Sanjay K. Agrawal as CJ of Rajasthan High Court on 31 August 2026 [S1].
  • Justice Agrawal was, at the time of recommendation, a judge of the Chhattisgarh High Court [S1].
  • The Collegium recommending this move was headed by CJI Surya Kant [S1][S4].
  • The complaint against Rajasthan Acting CJ Justice S.P. Sharma was raised by sitting SC judge Justice Sandeep Mehta, via three letters written in August 2026 [S1].
  • Justice Alpesh Yeshvant Kogje (from Gujarat HC) recommended as CJ, Madhya Pradesh High Court [S1][S3].
  • Justice Dr. Pushpendra Singh Bhati (from Rajasthan HC) recommended as CJ, Jammu & Kashmir and Ladakh High Court [S1][S3].
  • HC Chief Justice/judge appointments derive constitutional basis from Article 217 (appointment) and transfers from Article 222.
  • The Collegium system (not a statute) governs such appointments, established via SC's Second Judges Case (1993) and Third Judges Case (1998).
  • The National Judicial Appointments Commission (NJAC) Act, 2014, meant to replace the Collegium, was struck down by the SC in 2015 as unconstitutional — Collegium remains operative.
  • Three High Courts got new CJ recommendations in the same Collegium sitting: Rajasthan, Madhya Pradesh, and J&K and Ladakh [S3].

8. Mains Relevance

9. Related Topics to Study Next

  • Collegium System vs. NJAC (National Judicial Appointments Commission) — core constitutional debate on judicial appointments.
  • Second and Third Judges Cases (1993, 1998) — foundation of Collegium primacy.
  • Article 124, 217, 222, 224 of the Constitution — appointment, transfer, and removal provisions for judges.
  • In-house Procedure (1999) of the Supreme Court — mechanism for handling complaints against judges short of impeachment.
  • Judicial Accountability and standards Bill (lapsed) — past legislative attempt to institutionalize judicial accountability.
  • Memorandum of Procedure (MoP) for judicial appointments — the operational document guiding Collegium-Executive interaction.
  • Judge strength and vacancies in High Courts — recurring administrative/governance issue tested in Mains.

10. Common Errors / Trap Areas

  • Do not confuse Acting Chief Justice (temporary, pending permanent appointment) with a confirmed Chief Justice — Justice S.P. Sharma was only Acting CJ, not permanent [S1].
  • Do not mix up the originating High Court of recommended judges — Agrawal is from Chhattisgarh (not Rajasthan), while Bhati is from Rajasthan (recommended to J&K and Ladakh, not Rajasthan) [S1][S3].
  • The Collegium's recommendation is not final appointment — formal appointment requires Presidential warrant under Article 217, following Executive concurrence.
  • Avoid assuming a statutory/parliamentary basis for the Collegium — it rests on SC judgments, not an Act of Parliament (the NJAC Act attempting to codify it was struck down in 2015).
  • Do not confuse this Collegium meeting's three HC recommendations (Rajasthan, MP, J&K and Ladakh) as covering all pending CJ vacancies nationwide — multiple other HCs continued with Acting CJs per contemporaneous reports [S3].

11. Sources

  • [S1] After Supreme Court Judge's Complaint Against Rajasthan HC Acting CJ, SC Collegium Recommends Permanent CJ Appointment — https://www.livelaw.in/high-court/rajasthan-high-court/supreme-court-collegium-appoints-justice-sanjay-k-agrawal-as-chief-justice-of-the-rajasthan-high-court-547998 — (tier: 4)
  • [S2] Amid lawyers' protest, Supreme Court Collegium recommends new Chief Justice for Rajasthan High Court — The Tribune — https://www.tribuneindia.com/news/delhi/amid-lawyers-protest-sc-collegium-recommends-new-chief-justice-for-rajasthan-high-court — (tier: 4)
  • [S3] SC Collegium Recommends Appointment Of Chief Justices At 4 High Courts — https://www.livelaw.in/news-updates/supreme-court-collegium-recommends-appointment-of-chief-justices-to-3-high-courts-547999 — (tier: 4)
  • [S4] Statement — Supreme Court Collegium, meeting held on 31st August 2026 (Supreme Court of India, government-hosted PDF) — https://cdnbbsr.s3waas.gov.in/s3ec0490f1f4972d133619a60c30f3559e/uploads/2026/08/2026083180.pdf — (tier: 1)
  • [S5] Today's Paper News (The Hindu) — SC Collegium picks new Chief Justice for Rajasthan High Court — https://www.thehindu.com/todays-paper/2026-09-01/th_chennai/articleGHFGFK7NE-16377790.ece — (tier: 4)
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