Modi government controls judicial appointments, former Madras High Court judge claims

Former Madras High Court judge K. Chandru has accused Prime Minister Narendra Modi's government of taking effective control over appointments to India's higher judiciary, claiming that Supreme Court and high court judges are now selected directly by the executive rather than the judiciary's collegium system.

Speaking at a colloquium titled 'Who Will Judge the Judges', organised by the Asian College of Journalism in Chennai, Justice Chandru said the central government found ways to exercise influence under the existing framework after the Supreme Court struck down the National Judicial Appointments Commission (NJAC) in 2015. Rather than attempting to reintroduce the NJAC legislation, he argued, the government retained control through informal mechanisms.

"Since then, all 38 judges of the Supreme Court and all judges of high courts were directly appointed by Modi, not the collegium," Justice Chandru said during his keynote address. Criticising the opacity of the current system, which covers around 1,000 high court positions and 38 Supreme Court seats, he called the constitutionally unrecognised collegium "the best-ever-kept secret in the country". He added that India remains the only major democracy where judges select judges.

How executive control shapes judicial appointments

Former Orissa High Court Chief Justice S. Muralidhar echoed these concerns, stating that executive influence over appointments has tightened significantly since May 2014. He cited the 2018 elevation of Justice K.M. Joseph to the Supreme Court as a clear example of government stall tactics.

The collegium recommended both Justice Joseph, then chief justice of the Uttarakhand High Court, and senior advocate Indu Malhotra for Supreme Court elevations in January 2018. While Malhotra's appointment was cleared immediately, the central government held back Joseph's recommendation for months.

"The myth that judges appoint judges has been broken," Justice Muralidhar said, criticising the collegium for failing to push back publicly when government ministers delay or ignore its recommendations. He added that the country is now set to see a series of Chief Justices of India who have never previously headed a high court.

Diversity on the Supreme Court bench

Justice Muralidhar also raised sharp questions about the lack of gender diversity in the top court. He pointed out that former Chief Justice of India D.Y. Chandrachud did not elevate a single woman judge to the Supreme Court during his two-year term.

"Diversity is only for public consumption," Justice Muralidhar said.

The Chennai gathering also included addresses from Supreme Court senior advocate Raju Ramachandran on the failure of judicial impeachments, former Punjab and Haryana High Court judge K. Kannan on judicial training, and Madras High Court senior advocate R. Vaigai on fairness and diversity in court appointments.