SC Collegium picks new Chief Justice for Rajasthan High Court
Practice
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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
- GS-II: Indian Polity — "Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies"; Judiciary — structure, organization, functioning; Collegium system vs. NJAC debate.
- GS-IV (tangential): Ethics in governance — accountability of public/judicial officials, whistleblowing by a sitting judge.
- Possible Mains stems: 1. "Discuss the evolution of the Collegium system in India and examine its adequacy in ensuring transparency and accountability in judicial appointments." (GS-II) 2. "In the absence of a statutory mechanism, how does the judiciary handle allegations of misconduct against sitting High Court judges? Discuss with reference to recent developments." (GS-II/GS-IV) 3. "Critically evaluate whether the Collegium system needs reform in light of recurring administrative disputes within High Courts." (GS-II)
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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