Delhi High Court’s Chief Justice Manmohan sworn in Today (Dec 5) as a judge of the Supreme Court of India under the cloud of controversial senior advocate designations. The Supreme Court Collegium, which comprises Chief Justice of India (CJI) Sanjiv Khanna and Justices B.R. Gavai, Surya Kant, Hrishkesh Roy and Abay S. Oka, had made a recommendation to elevate Justice Manmohan to the Supreme Court on November 28, 2024.
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NEW DELHI: On Tuesday, December 3, the Union Government officially notified the appointment of Delhi High Court Chief Justice Manmohan as a judge of the Supreme Court of India.
This marks the first Supreme Court appointment recommendation under the leadership of Chief Justice of India (CJI) Sanjiv Khanna, who heads the Collegium.
Collegium’s Recommendation and Justice Manmohan’s Career Trajectory
The Supreme Court Collegium, comprising CJI Sanjiv Khanna and Justices B.R. Gavai, Surya Kant, Hrishikesh Roy, and Abhay S. Oka, recommended Justice Manmohan’s elevation to the Supreme Court on November 28, 2024.
Justice Manmohan ranks second in the combined all-India seniority of high court judges.
His appointment supersedes Justice Biswanath Somadder, Chief Justice of the Sikkim High Court, originally from the Calcutta High Court.
Justice Manmohan began his judicial career on March 13, 2008, when he was appointed as a judge of the Delhi High Court. He has served as Chief Justice of the Delhi High Court since September 29, 2024.
In its recommendation, the Collegium highlighted the fact that the Supreme Court currently has only one judge from the Delhi High Court — CJI Sanjiv Khanna himself. This factor was taken into account in favor of Justice Manmohan’s elevation.
At present, the Supreme Court has one more vacancy, and CJI Khanna, who assumed office on November 11, 2024, will have the opportunity to make three more appointments during his tenure, which ends on May 13, 2025.
These vacancies will arise due to the impending retirements of Justices C.T. Ravikumar and Hrishikesh Roy on January 5, 2025.
Controversy Surrounding Senior Advocate Designations
Shortly after Justice Manmohan’s elevation was announced, a controversy erupted over the designation of senior advocates in the Delhi High Court.
The permanent committee responsible for recommending names for senior advocates included Chief Justice Manmohan, Justices Vibhu Bakhru and Yashwant Varma, Additional Solicitor General Chetan Sharma, and senior advocates Sudhir Nandrajog and Mohit Mathur.
The committee had forwarded a list of 71 advocates to the full court of the Delhi High Court for approval. However, senior advocate Sudhir Nandrajog alleged procedural irregularities, claiming that he was excluded from the decision-making process.
Nandrajog told the media-
“I was excluded from the decision-making process, and the list was finalized and sent to me for a post-facto signature while I was away on arbitration duty.”
In protest, he resigned from the committee and submitted his resignation to Chief Justice Manmohan, also notifying Delhi Chief Minister Atishi.
Despite Nandrajog’s objections, the full court, chaired by Chief Justice Manmohan, proceeded to approve the list of 70 candidates for senior advocate designation on November 29, 2024.
Matter Reaches Supreme Court
The controversy over the senior advocate designations has now escalated to the Supreme Court, where it is awaiting a hearing.
The dispute underscores the challenges and complexities involved in judicial appointments and designations, casting a shadow over what should have been a moment of judicial progression.
Justice Manmohan’s appointment to the Supreme Court is significant, but the simultaneous controversy has sparked debates over procedural transparency and fairness within the judiciary.
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