SC refuses to review Himachal HC collegium decision, says collegium rulings are outside judicial review

The Supreme Court has categorically refused to interfere with the Himachal Pradesh High Court collegium's decision on a judge's elevation, ruling that collegium decisions are entirely outside the purview of judicial review. The bench declined a plea that had sought a direction to the Himachal HC collegium, making clear that no court — not even the Supreme Court itself — can sit in review of how the collegium exercises its appointment and elevation powers.

The court explicitly stated it had no intention of opening a Pandora's box with regard to collegium proceedings, a formulation that signals strong resistance to any judicial scrutiny of the internal workings of the collegium system. This stance maintains the near-absolute autonomy that the collegium has exercised over judicial appointments ever since the Second and Third Judges Cases of the 1990s established it as the dominant mechanism for selecting judges.

The collegium system, in which the Chief Justice of India and senior judges collectively recommend appointments and elevations to the higher judiciary, has faced persistent criticism for its opacity. The government has at various times pushed for greater transparency and even attempted to replace it with a National Judicial Appointments Commission — an effort struck down by the Supreme Court in 2015.

By refusing to entertain petitions that seek to direct or review collegium decisions, the court today reinforced the system's self-enclosed character. The ruling is likely to deter similar pleas from aspirants who might otherwise try to use litigation as a route to challenge collegium choices in their own cases.